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Chapter 3

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McMaster University

Chapter 3: Worker’s Compensation READ the blurbs – case studies etc… 30 M/C 30 T/F - know the up to date events = cruise ships & BC explosion (know the date of when WHAT was passed, not so much WHEN) - know the dates of the legislation - WHIMIS symbols Worker’s Comp. in Canada - worker’s comp. originated in Germany (1884) & est. in Cnd in 1914 = the Ont. Workmen’s Compensation Act was passed by the provincial parliament 1. Administration & Responsibilities - the provincial boards are empowered to fix & collect assessments, determine the right to comp & pay the amount due to the injured worker - WSIB (Workplace Safety & Insurance Board) - Employers & injured workers who disagree w/ a WCB can turn to other bodies – in PEI, Sask & the Yukon, the WCB is the final level of appeal 2. Comp. Rates & Methods - 2 standards det. The amnt of comp: o Net Earnings: 8 jurisdictions base the payment on a 90% of net earnings & 4 base it on 75% of avg. earnings - Comp. is based on worker’s age, degree of impairment & # of dependents - Comp. = Cash OR wage/earnings o Cash is based on the degree of severity of the impairment – there are allowances for economic & non-economic (social) losses o Wage/earnings loss refers to situations in which workers can no longer earn the same amnt of money that they were earning before the incident - In the event of a death of a worker, the spouse may receive a pension - Long-term disability ^30% from 2003-2005 3. Medical Aid & Incident Prevention - medical & surgical care, hospitalization, nursing care, drugs & supplies, therapy… - loss of functional capacity: limit of ability or dexterity depending on the seriousness of an injury - WCB provide TR programs & b/c premiums are set by the industry all employers w/in one benefit if safety improves 4. Social goals of Worker’s Comp. - workers comp. is driven by 2 main social goals: 1) to provide services intended to prevent injuries or reduce the psychological impact of injuries 2) to provide TR & Dvlpt necessary to prepare an injured worker to return to work 5. Provision for 2 ndInjuries
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