CANADIAN INJURED WORKERS SOCIETY Pursuing Fairness in Workplace Injury
Compensation
"These
are not minor failings - they are festering injustices. . . . Thousands of
workers whose health has been undermined by their work are not receiving any
compensation. . . . a fundamental national rethinking of workers compensation
is required . . ."Canadian Centre for Policy Alternatives
"It cannot be said that the Board is independent insofar as the worker is concerned. It is a Board set up to protect the employers. . . . This is not a level playing field, it is not fair, and it offends the basic principles of natural justice." - Justice Maclean - Court of Queen's Bench of Alberta Wilson v. Medicine Hat (City) [1999] A. J. No. 269 (February 3, 1999)
"Workers
Compensation neither WORKS nor COMPENSATES."
What are the main issues?
contrary to popular belief, workers compensation
boards, WCBs, ARE NOT FUNDED BY TAXPAYERS.
They are provincial government administrative boards that are funded by fees to
corporations, not by general taxation. So it's only when WCB REFUSES to
pay a claim that the costs get downloaded onto taxpayers.
thousands of disabled workers (and their families)
are forced into poverty every year when
WCBs illegally deny legitimate injury claims. Some commit suicide.
provincial governments
allow this abuse of disabled workers because they are in a conflict
of interest that prefers to offer corporations low WCB fees to stimulate
corporate investment in their provinces.
the families of disabled workers often become a
burden on society when WCBs and governments fail to
hold corporations accountable for the costs of workplace
injuries
WCBs give out false
workplace injury statistics. Whenever WCB denies a claim, that injury goes uninvestigated. Unsafe employers
do not address safety hazards if they are not held
financially accountable for the resulting injuries. Also, WCB gives corporations rebates for low claim rates - so corporations just hide injuries!
WCBs use an adversarial
process against injured wortkers that not only acts as a barrier to
health for disabled workers but also does harm to this vulnerable group
the harmful propaganda, social marketing campaigns and false
statistics put out by WCBs marginalize disabled workers and give the public the
false perception that WCBs provide the assistance
required
developments in civil law have not afforded
protections for disabled workers because WCBs have quasi-judicial status and
often ignore Supreme Court decisions, take
years to implement them or find creative ways to circumvent the decision.
WCBs have made
inappropriate lateral moves into health care and medical research,
co-opting these areas and threatening physicians' medical autonomy and research
impartiality.
abuse of their
quasi-judicial power by WCBs has the effect of negating the
protections afforded to this vulnerable group of disabled workers under the
Charter.
the social determinants
of health of disabled workers are not being recognized by WCBs or
governments
the service provided by workers compensation boards
has not been honestly portrayed and a national review
is required. No such review has been done since the inception of the
Charter.
Report misconduct by your workers compensation system to:
This will be done anonymously. We will NOT reveal your
identity without your express permission.
(We
do not act as advocates for individual cases.)
The CIWS is calling for a FEDERAL PUBLIC JUDICIAL INQUIRY into wrongdoing by workers compensation systems across Canada. PLEASE SIGN THE PETITION!
The CIWS is also helping bring attention to the work of
Darrell Powell
who has opened up a historic national dialogue on disabled workers' concerns.
He:
has identified the WCB process itself as a negative
social determinant of health
is poised to represent disabled workers at the
Senate Committee hearings on Population Health in 2008
has achieved stakeholder status for disabled
workers with the new Mental Health Commission of Canada
Darrell Powell says: "Everyone needs
to know there is a cost to this effort and in order to be able to physically
attend important events and ensure that a review of the WCB system in Canada
occurs, it is IMPERATIVE that everyone support the CIWS now. The dialogues
taking place RIGHT NOW are a window of opportunity that may not last. We need
to act NOW, but need your support to do this." TAKE ACTION! Become a member of the
CIWS
(The CIWS is funded solely
by memberships and donations. We do not accept any money from workers
compensation boards or their affiliates.)
Our Mission Statement: "To promote fair and equitable
compensation for injured workers in Canada, to address the mistreatment of
injured workers and to voice the common concerns of injured workers across
Canada."
Please do not write asking for advice with your claim. We do not
have the resources to answer specific questions regarding your claim. For
peer-to-peer support, you can register at the
Community of Injured
Workers in Canada where other injured workers may have advice for you or
experience with your specific situation in your province.
" It cannot be said that the Board is independent insofar as the worker is concerned. It is a Board set up to protect the employers. The Board is funded by the employers, and the Board has a duty and probably a primary duty to protect the employer. In relation to the worker, the Board has an overwhelming wealth of knowledge and experience. It has the financial ability to fund sophisticated investigations involving highly qualified experts and have the material presented to them, guided, orchestrated and propounded by its in-house counsel responsible to the Board and paid for by the Board. The application of any standards under the rules of natural justice would identify such circumstances as being unequal in negotiating ability and unfair. This is not a level playing field, it is not fair, and it offends the basic principles of natural justice." - Justice Maclean - Court of Queen's Bench of Alberta Wilson v. Medicine Hat (City) [1999] A. J. No. 269 (February 3, 1999)
References to "WCB" throughout this
site refer to the various provincial workers compensation systems throughout
Canada. Because they are named differently in each province (WCB, WSIB,
WorksafeBC, WHSCC, WCHSB, CSST) we do this for brevity.
