If you are injured at work, your compensation is not
guaranteed.
Injured workers' rights are being
systematically eroded by special interest groups. Provincial governments
routinely give in to these lobby groups and/or fail to protect the interests of
injured Canadian employees.
The Canadian Injured Workers Society is
drafting a DISABLED AND INJURED WORKERS CHARTER. The intent of the Charter
is to protect all Canadian employees from any special interest group or
provincial government who seeks to interfere with adequate and timely
compensation for injured workers.
This is not a finished document.
It is intended to be used for discussion only.
DO NOT COPY OR DISTRIBUTE THIS DOCUMENT Copyright infringement will be prosecuted.
The following are some
suggestions of what could be included in a DISABLED AND INJURED WORKERS
CHARTER. Further suggestions and comments are welcome.
DRAFT
COPY: This document has not yet been ratified by the
CIWS for distribution. DO NOT COPY OR DISTRIBUTE THIS DOCUMENT. Copyright
infringement will be prosecuted. Further suggestions and comments are
welcome. Just email us with your suggestions to:
DISABLED AND
INJURED WORKERS CHARTER:
Disabled and Injured Workers must have:
* the right to be assessed by their own choice of qualified medical
practitioner
* the right to be presumed innocent until proven guilty.
( i.e., when there is insufficient evidence, the disabled worker should receive
full compensation.)
* immediate and full wage loss compensation
within 14 days of claim submission regardless of the adjudicatory status of the
claim.
* the right to an appeal in front of an independent board of
legally trained adjudicators who are not under the same ministry that is
responsible for the legislation. Appeals members must not be ex-WCB employees,
must not be affiliated with business or political interests and must be
qualified to interpret law, the Constitution and the Charter of Rights, not
just WCB policy.
* continuous nonrefundable payment throughout any
appeals processes
* prompt appeal hearings that take place within 45
days of either party initiating an appeal. The disabled worker will not be cut
off benefits, pending the outcome of the hearing.
* real wage loss
replacement, not calculated or estimated impairment percentages
* the
removal of all potential conflicts of interest from the claims process. For
example: 1) the elimination of all WCB-paid medical practitioners or
clinics 2) the elimination of the use of WCB-paid "Independent Medical
Examiners" 3) the elimination of WCB employee or management bonuses
4) the elimination of exception policies on chronic stress that limit
compensation for 'labor relations' issues
* the ability to litigate
for damages occurring from any mishandling of their compensation claim by any
party.
* a publicly funded legal fund for disabled workers to access
to cover legal fees incurred in any litigation regarding their claim with
immunity from any financial qualifying criteria. In the absence of a specific
legal fund for disabled workers, qualifying criteria for Legal Aid for disabled
workers must disregard financial qualifiers.
* non-discriminatory
compensation of a work-related disability or an occupational disease regardless
of the nature or cause of the disability, be it physical, psychological,
traumatic or chronic onset.
* full compensation to the survivors of
deceased workers whose death resulted from a workplace accident, injury or
disease.
* the removal of deadlines and time limits on disabled
workers' claims and appeals because these discriminate against disabled workers
who cannot meet the deadlines for various reasons (for example, chronic onset
diseases).
* any older claim re-adjudicated if the disabled worker or
their third party arbitrator requests it and going back to the original date of
disability if required.
* inter provincial cooperation between
workers compensation systems in every province to ensure seamless service,
mobility rights and equality.
* universal coverage for all workers
without exclusion (for example the self-employed, farmers, artists and all
other workers who are not covered.)
* full disability coverage until
death. No decreases at retirement age or upon receipt of pension funds from
other sources.
* non-discriminatory status under the Canada Health
Act.
* full access to the rights of Canadian citizenship, including
the right to be protected by the Criminal Code of Canada and the Charter of
Rights and Freedoms, and the right to full access to natural law and
fundamental justice with the only exception being the right to sue his/her
employer, in keeping with the original Meredith Principles.
* the
right to be treated in accordance with the original intent of the founding
principles of workers compensation including immediate, no fault wage loss
compensation for all occupational injuries and diseases and the restoration of
all rights, principles and entitlements that have been taken away from disabled
workers over the intervening years.
* the right to be treated in
accordance with the Constitution, the Charter of Rights and Freedoms and any
statutes, international treaties or conventions that relate to persons with
disabilities, families, children, poverty, health and other social and economic
factors.
---------------------------------
This document
has not yet been ratified by the CIWS for distribution. DO NOT COPY OR DISTRIBUTE THIS DOCUMENT.
Copyright infringement will be prosecuted. Further suggestions and
comments are welcome. Just email us with your suggestions to:
