The fundamentals of any workers compensation insurance scheme in Canada is quite similar to that in the United States. Attorney David W. Brady of the law firm Hicks Morley gives a few specifics about how the workers compensation laws in Canada operate.
Early Safe Return To Work – In Ontario, for example, the legislation is designed to reward early and safe return to work(“ESRTW”). This is an essential part of our experience rating systems, where there are rebates and surcharges depending upon how well private sector employers manage (their claims). Public sector employers are, in effect, self insured. They pay the Workplace Safety and Insurance Board (“WSIB”) to manage claims and have to pay the WSIB a 24% admin fee for doing the job.
Duty to Keep in Touch – ESRTW is also part of the legislated duty to co-operate. The duty requires workers and employers to be in contact and remain in contact with each other while the worker is off work with the goal of identifying employment that is suitable for the worker’s functional abilities.
There are Return to Work Requirements – The WSIB has mediators who assist the workplace parties to get injured workers back to work. If either one of the parties is not co-operating, there are penalties – the worker may have benefits reduced or eliminated. The employer can be fined. Section 40 and Section 41 of the Act are applicable. Section 40 is really a human resources regime where the law can be pro-actively used to help return injured workers to work. This is consistent with research that shows that workers who do not return to work reasonably quickly will have less and less chance of ever returning to work in a productive manner.
Most of Canada’s other 9 Provinces operate in a similar manner though each has its own statute and case law. This is particularly true of Quebec. There is also a federal statute, but it piggy backs on the legislation in each Province.
Many thanks to Attorney David W. Brady, Hicks Morley Hamilton Stewart Storie, LLP, Toronto, ON. Attorney Brady can be reached at 416-864-7310 or [email protected] www.hicksmorley.com
© Copyright 2009 Hicks Morley Hamilton Stewart Storie LLP
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Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel or other professionals before implementing any cost containment programs.
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