· ER w/20 or more employees are obliged to re employ injured workers who have at least one year of service with that employer
· Benefit of doubt goes to the claimant.
· EE gets NO PAY if "serious and wilful misconduct of the worker”. BECAUSE: "EE has taken himself/herself out of employment
· Who is eligble for WSIB benefits? 5 different situations: 1) Wilful misconduct (NO PAY) 2) Arising in the course of employment 3) Disability claim - if work relates significantly to it, onus on worker 4) Occupational Diseases 5) Mental Stress & Chronic Pain - acute reaction to sudden and unexpected event at work
· 6 BENEFITS - 1) Wages on Day 2) Healthcare costs 3) Loss of Earnings - 85% of net earnings, max 175% average industrial 4)Non economic losses (NEL) - loss of enjoyment of life, younger people compensated more 5) Loss of retirement income - if 12 months loss of earnings, 5% additional goes towards retirement 6) Death and survivor benefits - spouse or childeren compensated, lump sum and counseling based on workers earnings
· OBLIGATION to re-instate is until 2 yrs after injury, worker is 65, or 1 year after EE is able to work
· Schedule 1 ER (90%) classified on rating, good experience pay less, bad rating pay more. Financial insentive: refund or surcharge given to good ER's
· Effective Claims management: investigate injuries, file form 7 within 7 days, document minor claims, respond to Board inquiries, accomodate up to undue hardship, don't contact physician, keep medical files confidential, determine if SIEF pays, keep notes, challenge only doubtful claims
· Second Injury Enhancement Fund (SIEF)
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· Ch 11 Navigating Employment relationship
· Employee Policy Manual: serves legal purposes, pre-established rules, consistent treating of EE's
· Not Binding unless:
1. Ensure that the employment contract or letter