Legal Clinic Receives Thousands of Calls from Injured Workers

WSIB must get to work - Re: "When companies get rewarded for mistakes" (April 5)

"Imagine how much more could be done if the board wasn't taking billions of dollars out of the accident fund and giving it to employers. . . Our legal clinic has received thousands of calls from injured workers whose employers are fighting their WSIB claims, or insisting they return to work right after an injury to do a concocted, meaningless job so the employers can report them as a "no lost time" injury. . . All of this goes to show that workers' compensation claims statistics tell us very little about health and safety practices in the workplace."

(also see "WCBs Report False Workplace Injury Statistics")

I commend the Toronto Star for investigating the Workplace Safety and Insurance Board's experience rating program. Ontario's workers' compensation system has an important role in paying for health care and some of the wages lost by workers injured on the job. Imagine how much more could be done if the board wasn't taking billions of dollars out of the accident fund and giving it to employers.

Although appalling, the frequency of rebates in times of serious injury or death is small compared to the frequency of not reporting injuries or misreporting them as minor "no lost time" injuries. The experience rating does not look at whether any steps have been taken to make a workplace safer, only at claims reported to the WSIB and whether benefits are being paid for lost time.

Our legal clinic has received thousands of calls from injured workers whose employers are fighting their WSIB claims, or insisting they return to work right after an injury to do a concocted, meaningless job so the employers can report them as a "no lost time" injury.

A recent survey of Canadian workers found that 40 per cent of workers injured on the job and eligible for workers' compensation did not put in a claim (Dr. H.S. Shannon, McMaster University). Even among cases with lost time, 30 per cent did not submit a claim. All of this goes to show that workers' compensation claims statistics tell us very little about health and safety practices in the workplace.

Whatever the WSIB may hope, the facts show that the experience rating program must be scrapped. It is ridiculously costly, easy for employers to abuse, is not connected to workplace safety and is causing harm to injured workers.

John McKinnon, Injured Workers'

Consultants Community Legal Clinic, Toronto