Justice for injured workers

In Ontario, we need a workers' compensations system that fully compensates and supports those suffering a workplace injury or illness, helps workers in returning to employment with dignity, and effectively promotes workplace safety.

As outlined in the discussion document prepared for debate at the 2004 Platform for Change conference, 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 tripartite 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 aid 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]