WCB Policies and Information

Question: Discuss about the WCB Policies and Information. Answer: Introduction: This paper contains the discussion on origin, scope and purpose of Workers Compensation Act. It also contains brief discussion on key sections of this Act and two situations on which this Act is applicable. Origin of Workers Compensation Act: In Canada, before the introduction of Workers Compensation legislation, all the accidents at workplace were dealt under the common law that is tort. In other words, workers can sue their employees, but they need to establish employer negligence. There was no compensation plan present in Canada, and this led to establishment of accident funds by many trade unions but these funds covered only few numbers of labors in Canada. In 1889, the Royal Commission which deals in the matter of labor and capital stated number of injuries among workers and also the oppressiveness of working conditions in many industries in their report. They also made many recommendations for the improvement in working conditions of workplace, but Federal government stated that if they act on the recommendations made by commission then it would constitute an infringement of provincial authority. The main aim of modern workers compensation act is that up to a limited extent injury is inevitable and compensation must be provided to worker without considering the responsibility. In 1914, first Canadian statute that follows this principle was introduced and known as Ontario Workmen's Compensation Act. Later, this Ontario Act provide as a model for provincial legislation in Alberta (AFPA, n.d.). Alberta Workers Compensation Act was first introduced in 1918. From the period of 1918 till 1973 the process related to filing of appeal was very simple, and appeals were made directly to the Worker's Compensation Board (the Board). In 1973, first significant change was made and legislation was passed to form Claims Services Review Committee (CSRC) and Assessment Review Committee (ARC). In 1988, WCB issued paper in which they recommended that internal process must be maintained. In 1995, Andrew C.L. Sims, Q.C. published a report in which they reviewed the operations of the Appeals Commission. In 2000, Workers' Compensation Board Appeal Systems Review Committee (ASRC) committee was formed, and the main purpose of this committee was to examine the appeal system and make recommendations on matters related to workers and employees in Alberta. In 2002, Appeals Commission was considered as government entity which report to the Minister of Human Resources and Employment (Appeals Commission, n.d.). Scope of Workers Compensation legislation: Workers Compensation legislation covers all the workers in Alberta regardless of their age, and these workers are covered by legislation when they are working in an industry to which Worker Compensation Act is applied. Workers compensation Act does not cover following: Workers who worked in the industry which is exempted by WC regulations. Those persons who are exempted by Worker Compensation Act and Worker Compensation regulations. Regulation 2 of Workers Compensation Regulation stated that employers and workers working in industry which is listed in schedule A are exempted by this Act, and provisions of this Act are not applicable on these industries. There are some exceptions also under which Act is applicable on industries listed in schedule A if: That industry is carried on as a part of industry on which this Act is applicable. That industry is included under the Act by the order of the board (workers compensation regulation, n.d.; WCB, n.d.) Purpose of Act: The main purpose of this Act is to aware the workers and employees in Alberta about their legal rights and responsibilities. Workers Compensation Act is designed to provide benefits related to medical care and services of rehabilitation to workers who are suffering from workplace injuries and contract occupational diseases. Following are the main purpose of this Act: Commitment to fairness. Faster recovery goals. Giving rewards for maintaining safety and good working conditions. Ensure financial security for workers suffering from work related injuries (WCB, 2015). Enforcement of Act: In Alberta, the Workers Compensation Board deals with the matter of work related injuries and they also consider their liabilities towards workers. Employers are responsible to pay premium for insurance to Workers Compensation Board and then WCB pays compensation to workers and employees who suffer injury. Employee or worker cannot sue their employer or any other person for compensation if they are entitled to seek compensation from WCB because of accident. A person can consult his lawyer for seeking compensation from WCB, and board is liable to pay compensation to employees and workers for work related injuries without considering whom or what caused the injury. The amount of compensation given by the board depends upon the seriousness of injury and worker had to take time off from work (CLG, n.d.). Key sections of workers Compensation Act: Section 6 of the Workers' Compensation Act (WCA) provides the WCB the mandate to determine policy, and WCA regulations provides the decision making framework on benefits for injured workers (Workers' Compensation Act, n.d.). Section 28 of Workers' Compensation Act (WCA) gives right to workers to claim compensation or alternately to seek for compensation or any other remedy provided by law ((Workers' Compensation Act, n.d.). Employment related situation: Situation 1: As a worker John suffered injury at workplace because of his willful misconduct. Whether he is eligible for compensation under worker compensation Act? According to section 24 of WCA a worker who suffers personal injury by accident at workplace is entitled for compensation under this Act. There is exception to this rule that worker is not entitled for compensation if injury is not serious and injury was caused at workplace because of willful misconduct of worker. In this case, John suffered injury at workplace because of his own willful misconduct. Therefore, John is not entitled for compensation under workers compensation Act (workers compensation Act, n.d.) Situation 2: a worker reported to the human resource manger about the accident occurred at workplace, after 15 months from the date of accident. Whether he is eligible for compensation under worker compensation Act? According to section 26 (1) of WCA, the board is not liable to pay compensation to a worker if that worker does not report the accident within 24 months from the date of accident or on the date when worker becomes aware of the accident. Section 26 (2) of WCA stated board can pay compensation if they are satisfied that there are justifiable grounds for delay (workers compensation Act, n.d.). In this case, worker is entitled to get compensation because he reported the accident within 24 months from the date of accident. References: AFPA, (2016) Workers Compensation in Alberta. Retrieved on 17th January 2017 from: https://www.alberta.ca/documents/WCB-Review-Alberta-Forest-Products-Association.pdf. Appeals Commission. Our History. Retrieved on 17th January 2017 from: https://www.appealscommission.ab.ca/aboutus/Pages/our-history.aspx. CLG. Workers Compensation Board. Retrieved on 17th January 2017 from: https://clg.ab.ca/programs-services/dial-a-law/workers-compensation-board/. WCB, (2015). Worker handbook. Retrieved on 17th January 2017 from: https://www.wcb.ab.ca/assets/pdfs/workers/WCB-003_Worker_Handbook.pdf. WCB, (2013). Alberta WCB Policies Information. Retrieved on 17th January 2017 from: https://www.wcb.ab.ca/pdfs/public/policy/manual/printable_pdfs/0601_2_app3.pdf. Workers' Compensation Act- Sect 24. Workers' Compensation Act- Sect 26. Workers' Compensation Act- Sect 28. Workers' Compensation Act- Sect 6 Workers Compensation Regulation- Regulation 2.