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Up a Level POLITICS / Justice for injured workers

In Ontario, we need a workers' compensations system that fully compensates and supports those who have suffered a workplace injury or illness and survivors, assists such workers in returning to employment with dignity; and which aids in protecting all workers from injury or illness at work.

Justice for Injured Workers means the following:

§ The Workers' Compensation system

  • Rename the board to Workers' Compensation Board
  • Publicly administered
  • Collective employer liability
  • Primary purpose to compensate injured workers and survivors
  • Recognize and compensate all work-related occupational injuries and diseases
  • Inclusive no-fault coverage of all workers
  • Eliminatess experience rating
  • Regular public review of the Act

§ Adjudication

  • Timely
  • Accessible and responsive to injured workers
  • Less bureaucratic
  • Provided by trained and compassionate adjudicators
  • In the language of the injured worker
  • Provide written clear information to workers about the system and their claim
  • Penalize non-reporting and underreporting of claims by employers

§ Compensation

  • Full coverage that reflects full income loss into retirement and loss to quality of life
  • Continue benefits by employer or established minimum provided by WCB
  • Eliminate deeming
  • Establish a minimum wage loss benefit
  • Full cost of living
  • Protect injured workers' right to CPP and eliminate CPP deduction from benefits
  • Improve benefits and support for survivors of workers who die from occupational injury or disease, including non-dependent survivors
  • Benefits for secondary victims of occupational disease

§ Health Care

  • The same as for all Canadians
  • Provide time to heal
  • Worker right to choose health care provider and alternative treatment
  • No employer medical exams
  • Respect workers' doctors
  • Board doctors and nurse case managers to have no role in adjudication

§ Vocational and Social Rehabilitation

  • Comprehensive and consultative with injured worker
  • Recognize and compensate for injured workers' limitations
  • Hands-on by WSIB locating opportunities and providing accommodations for suitable employment
  • Joint return to work committees in unionized workplaces
  • Penalties for employers who refuse to continue to employ or provide phoney or unsafe return to work
  • Quality public rehabilitation service
  • Provide for English as a Second Language

§ Access to Justice

  • The WSIB will not act on an adversarial basis
  • Cases based on merit and benefit of doubt being applied
  • Eliminate time limits for worker appeals
  • Employer right to appeal limited to initial entitlement and return to work
  • Full disclosure of all documents and information related to claim to Injured Worker
  • Restricted employer information on claim access
  • An independent, competent tripartitie Tribunal not bound by Board policy

§ Funded Arms Length Programmes

  • Sufficient funding for free representation programs such as the Office of the Worker Adviser, community legal clinics and legal caid certificates
  • Proper funding for support systems such as the Occupational Health Clinics for Ontario Workers

Previous reports:
"The 1999 Injured Workers' report on workers' compensation in Ontario" [pdf]