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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.

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.
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 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.
Copyright infringement will be prosecuted.
Further suggestions and comments are welcome.
Just email us with your suggestions to:

Read what the Injured Worker's of America have written
in the USA regarding a Bill of Rights

Copyright © Canadian Injured Workers Society 2005