Workers' Compensation Laws in Ontario
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Questions and Answers

What is primarily promoted by the Workplace Safety and Insurance Act (WSIA)?

  • Health and safety in the workplace (correct)
  • Job opportunities for unemployed workers
  • Financial support for all sectors
  • Training programs for workers
  • Which aspect of worker support is emphasized in subsections 2 and 3 of the WSIA?

  • Provision of medical services
  • Immediate compensation for injuries
  • Return to work and re-entering the job market (correct)
  • Legal representation for workers
  • What significant change occurred in 2011 regarding Part II of the WSIA?

  • The focus shifted to financial compensation
  • Part II was repealed after a review (correct)
  • It was expanded to include more industries
  • The authority was granted to employers
  • What did the expert panel led by Tony Dean recommend for the Ontario workplace safety system?

    <p>Creation of a chief prevention officer (B)</p> Signup and view all the answers

    Which act serves as a basis for compensation in dangerous industries?

    <p>Workmen's Compensation Act (C)</p> Signup and view all the answers

    What was the main purpose of the Meredith Royal Commission?

    <p>To develop a compensation system for injured workers (B)</p> Signup and view all the answers

    In terms of definitions, why is it important to understand the terms used in the WSIA?

    <p>They have specific legal meanings. (C)</p> Signup and view all the answers

    What conflict exists between the WSIA and the Human Rights Code?

    <p>WSIA has age-based rules while HRC prohibits age discrimination (D)</p> Signup and view all the answers

    What is the significance of the Workplace Safety and Insurance Act (WSIA) as passed in 1997?

    <p>It expanded the focus to include prevention and safety (A)</p> Signup and view all the answers

    Which term describes necessary tasks required to complete the main job purpose?

    <p>Essential duties (A)</p> Signup and view all the answers

    Which industries were automatically included in the compensation system under the Workmen's Compensation Act of 1914?

    <p>High-risk industries like mining and forestry (D)</p> Signup and view all the answers

    How does Ontario's workers' compensation law influence federally regulated workplaces?

    <p>It requires compliance with provincial laws (B)</p> Signup and view all the answers

    What does the term 'suitable work' refer to?

    <p>Work that fits the worker’s abilities after an injury (B)</p> Signup and view all the answers

    Which of the following is NOT included in the definition of earnings?

    <p>Healthcare benefits (C)</p> Signup and view all the answers

    What does the term 'accommodation' mean in the context of workplace injuries?

    <p>Adapting jobs to allow injured workers to continue working (C)</p> Signup and view all the answers

    Who is considered a 'survivor' under the workers' compensation definitions?

    <p>A spouse, child, or dependent family member of a deceased worker (C)</p> Signup and view all the answers

    What is the primary principle of the compensation system for high-risk industries?

    <p>High-risk industries pay higher premiums to a collective liability pool. (B)</p> Signup and view all the answers

    Which of the following types of employers does not participate in the collective insurance pool?

    <p>Government agencies (D)</p> Signup and view all the answers

    What determines the premium rates for Schedule 1 companies?

    <p>The company's assessable payroll multiplied by the industry rate (A)</p> Signup and view all the answers

    Which of the following industries is most likely classified under Schedule 1?

    <p>Demolition (B)</p> Signup and view all the answers

    What is a characteristic of Schedule 2 employers?

    <p>They directly pay for all costs related to workplace injuries. (B)</p> Signup and view all the answers

    How many industry classes are currently defined under Schedule 1?

    <p>Sixteen industry classes (A)</p> Signup and view all the answers

    What is the main reason for pooling resources in a collective liability system?

    <p>To protect companies from financial ruin after major accidents. (C)</p> Signup and view all the answers

    Which of the following best describes Schedule 2 employers?

    <p>They do not participate in a collective liability pool and are generally funded by tax dollars. (B)</p> Signup and view all the answers

    Who oversees injury prevention under the WSIB?

    <p>The Chief Prevention Officer (C)</p> Signup and view all the answers

    Which type of workers is generally excluded from workers' compensation insurance coverage?

    <p>Casual workers (A)</p> Signup and view all the answers

    What must a worker demonstrate to qualify for compensation under the WSIB?

    <p>The injury arose out of and occurred during their employment (C)</p> Signup and view all the answers

    Which section of the WSIA allows first responders to claim benefits for PTSD?

    <p>Section 14 (B)</p> Signup and view all the answers

    What must independent operators do to obtain WSIB coverage?

    <p>Register within ten days of becoming independent (B)</p> Signup and view all the answers

    What type of claims are limited when filed for mental stress?

    <p>Stress caused by employer decisions (C)</p> Signup and view all the answers

    How are occupational diseases treated under the WSIB compared to injuries?

    <p>They are treated like injuries if the worker suffers from them (D)</p> Signup and view all the answers

    Which section outlines who is covered by workers' compensation insurance?

    <p>Section 11 (A)</p> Signup and view all the answers

    What happens if workers do not cooperate with the Board's health care requirements?

    <p>Their benefits might be reduced or suspended. (B)</p> Signup and view all the answers

    Who is responsible for providing transportation for injured workers to medical facilities?

    <p>The employer. (B)</p> Signup and view all the answers

    What is the role of the Board in relation to the worker's treatment information?

    <p>The Board can collect information but keeps it confidential. (D)</p> Signup and view all the answers

    In the event of disputes regarding worker's rights, what is the Board's timeframe to resolve the issue?

    <p>60 days. (C)</p> Signup and view all the answers

    What must a worker do to support their return to work after an injury?

    <p>Participate actively in their return to work process. (C)</p> Signup and view all the answers

    What distinguishes the 'deemed' employer from the 'actual' employer for emergency service volunteers?

    <p>The actual employer provides re-employment responsibilities. (D)</p> Signup and view all the answers

    Who can request an examination of a worker after an injury?

    <p>Both the Board and the employer. (C)</p> Signup and view all the answers

    What is covered by the Board regarding assistive devices or prosthetics after a workplace accident?

    <p>The Board covers damage caused by the workplace accident. (C)</p> Signup and view all the answers

    What is the minimum duration of continuous employment required for an employer to be obligated to re-employ an injured worker?

    <p>One year (B)</p> Signup and view all the answers

    Which of the following situations does NOT terminate the re-employment obligations of an employer?

    <p>The employer can prove termination was unrelated to the injury (B)</p> Signup and view all the answers

    What must an employer do if a worker can perform suitable work but not their exact pre-injury job?

    <p>Offer the worker to take any suitable job that opens up (C)</p> Signup and view all the answers

    When are employers NOT required to make accommodations for an injured worker?

    <p>When it causes undue hardship (B)</p> Signup and view all the answers

    What happens if an employer re-employs a worker but terminates them within six months?

    <p>It's assumed that the employer did NOT meet their obligation (B)</p> Signup and view all the answers

    What may be necessary when a worker cannot regain the ability to perform their previous job?

    <p>Labour Market Re-Entry Plan (B)</p> Signup and view all the answers

    In which industry do the re-employment obligations differ slightly, with less focus on the length of employment?

    <p>Construction (D)</p> Signup and view all the answers

    How long can the Board provide payments to a worker if it finds the employer failed to re-employ them appropriately?

    <p>Up to one year (B)</p> Signup and view all the answers

    Flashcards

    Workers' Compensation

    A system where injured workers get financial help, often without suing the employer.

    Workplace Safety and Insurance Act (WSIA)

    Ontario's law that provides compensation and safety for injured workers.

    Workplace accident

    An event that causes an injury, either by deliberate harm, physical risk, or during work.

    Accommodation

    Changes to a job or workplace to help workers with injuries continue working.

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    Suitable work

    Work a worker can safely do post-injury, matching their abilities while ideally maintaining the same earnings.

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    Impairment

    Physical or mental damage from an injury (like disfigurement or loss of function).

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    Earnings

    Money a worker receives, excluding benefits like healthcare.

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    Essential Duties

    Core tasks needed to do the job, to achieve the product or service.

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    WSIA Purpose

    To promote workplace health and safety, provide compensation to injured workers, and help workers return to work.

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    WSIA Sections

    Different parts of the law that cover specific aspects, including worker health, return-to-work programs, and definitions.

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    WSIA Definitions

    Specific meanings for terms used in the WSIA, differing from everyday use and other acts like OHSA.

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    WSIA vs. Human Rights Code

    Potential conflict on age-based rules. WSIA takes precedence over HRC in case of conflict.

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    WSIA Part II Removal

    Removed from WSIA in 2011 due to a 2010 review. Focus shifted to a new prevention system.

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    Chief Prevention Officer

    Created to oversee and improve workplace safety in Ontario.

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    Workmen's Compensation Act (1914)

    Original act aiming to protect workers in high-risk industries like mining and construction.

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    High-Risk Industries (1914)

    Industries like mining, forestry, and construction were initially included in the compensation system.

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    Schedule 1 Companies

    Companies in high-risk industries, required to join the collective insurance pool.

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    Collective Liability

    A system where losses are shared among companies in the same industry group.

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    Schedule 2 Companies

    Companies (often larger, less risky) that don't participate in the collective pool.

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    Workmen's Compensation Act

    The Act requiring certain high-risk industries to join the compensation system.

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    Assessable Payroll

    The payroll used to calculate premiums for Schedule 1 companies.

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    Premiums

    The amounts paid by companies to the collective insurance fund.

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    Ontario Regulation 175/98

    The regulation that outlines the classifications for Schedule 1.

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    High-Risk Industries (Schedule 1)

    Industries like demolition, construction, mining, and pulp mills.

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    WSIB premium rates

    Insurance fees for companies that can increase due to rising accident rates.

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    Covered Employees (general)

    Generally, all employees of Schedule 1 and Schedule 2 employers are included in workers compensation, with exclusions (e.g., casual workers, executive officers working outside of Ontario).

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    PTSD benefits

    First responders with PTSD can claim benefits.

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    Occupational diseases

    Diseases caused by work, listed in Schedule 3, with presumption of work-related unless proven otherwise.

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    Independent business coverage

    Independent operators, sole proprietors, and partners can apply for WSIB coverage but must register within 10 days.

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    Compensation claim criteria

    Workers must prove their injury/disease is work-related (arose from and occurred during work).

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    Who pays for healthcare?

    The Workplace Safety and Insurance Board (WSIB) covers all medical costs for injured workers. They pay the healthcare provider directly, and workers don't have to pay out of pocket.

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    Worker's right to choose?

    Injured workers have the right to select their own healthcare provider, such as a doctor or physiotherapist.

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    Employer's role in healthcare?

    Employers must ensure injured workers get transportation to appointments, and the employer pays for it.

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    Employer's role in return to work?

    Employers must help workers return to their jobs safely and quickly after an injury. This can involve adapting the work tasks or providing support.

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    Worker's role in return to work?

    Workers must actively participate in returning to work by following their doctor's advice and communicating with their employer.

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    Construction industry issue?

    Construction workers may face temporary jobs due to project cycles. If injured, they might find their job gone when they recover.

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    Volunteer's two employers?

    Volunteers in services like emergency services have both a 'deemed' employer (the service) and an 'actual' employer (their regular job).

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    Dispute resolution?

    If there are disagreements, either the worker or employer can contact the WSIB, which will handle the issue within 60 days, usually through mediation.

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    Re-employment Obligation

    Employers must rehire injured workers who were employed for at least a year, unless they have fewer than 20 employees.

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    Workplace Accommodation

    Changes made to a job or workplace to help an injured worker return to work.

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    Timeframe for Re-employment Obligations

    Employers must fulfill re-employment obligations until the worker is fully recovered, reaches maximum medical improvement, or is offered a job by someone else.

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    Termination After Re-employment

    If an employer fires a worker within six months of re-employment, it's assumed they didn't meet their obligations.

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    Labour Market Re-Entry Plan

    A plan for workers who can't return to their previous job, helping them find new work based on their abilities.

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    What can prevent a worker from returning to their previous job?

    Factors like permanent disability, lack of available positions, or a changed job market can prevent a worker from returning to their old job.

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    When is a Labour Market Re-Entry Plan Necessary?

    A Labour Market Re-Entry Plan is needed when a worker can't return to their previous job due to limitations after an injury.

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    Study Notes

    Workers' Compensation Laws in Ontario

    • Ontario's Workers' Safety and Insurance Act (WSIA) evolved from the Meredith Royal Commission (1910-1913)
    • The initial Workmen's Compensation Act (1915) was designed to compensate injured workers without suing employers for negligence.
    • The WSIA (1997) expanded beyond compensation to include workplace safety and injury prevention.
    • Provincial laws are the model for federally-regulated workplaces.
    • Laws are frequently updated, so checking the Ontario e-Laws website is crucial.

    Key Terms Explained

    • Accident: Injury resulting from physical factors, deliberate acts, or work-related events.
    • Accommodation: Modifications to jobs or workplaces to support workers with physical limitations (within human rights guidelines).
    • Earnings: Worker's salary excluding benefits (like healthcare).
    • Essential Duties: Core tasks necessary for the job's purpose.
    • Impairment: Physical or mental damage from an injury (including disfigurement or loss of function).
    • Learner: Temporary worker in a risky job (not a full-time employee or apprentice).
    • Spouse: Legally married or cohabitating for a year, with a child, or through a cohabitation agreement.
    • Suitable work: Post-injury work matching abilities and earnings.
    • Survivor: Spouse or dependent family member of a deceased worker.

    Workplace Safety and Insurance Act (WSIA)

    • The WSIA is a comprehensive and detailed law (over 100 years old), covering different sections
    • It's divided into parts like: Interpretation, Insurance Plan, Insured Payments, Employer Obligations, etc.
    • The Act defines important terms to ensure consistent application of the law across different contexts.
    • One primary goal is compensating injured workers and promoting workplace safety.
    • The law distinguishes between high-risk (Schedule 1) and low-risk (Schedule 2) industries, assigning different responsibilities and premiums.

    Injury Prevention and Disease Prevention

    • Schedule 1 industries (like construction) are risk-based, contribute to a collective insurance fund, and pay premiums based on past accidents and payroll.
    • Schedule 2 industries (like government) aren't part of this collective fund but directly pay all costs of workplace injuries.
    • Repetitive strain injuries, diseases, and other newer workplace risks are now included in coverage.

    Schedules Explained

    • Schedule 1: High-risk industries (e.g. mining, construction) contributing to a collective fund, with rates determined by industry risk and company size.

    • Schedule 2: Employers (e.g., governments) who don't contribute to the collective fund.

    • Schedule 3: Outlines occupational diseases covered by compensation.

    • Schedule 4: Covers a limited set of occupational diseases based on work processes. Diseases in Schedule 3 have different standards and are considered "more likely" work-related.

    Collective Liability and Prevention

    • The WSIB's management of risk prevention has involved different methods over time, including adjusting premiums and overseeing return-to-work programs.
    • The current system aims to motivate employers to improve workplace safety by incentivizing those with better records and penalizing those with worse records.

    Insured Employment and Injuries

    • Ensures compensation coverage for workers who are injured on the job.
    • Covers various details of who is protected by workers' compensation, like job types, injuries, and exceptions.
    • Addresses issues like mental health and PTSD, and other crucial limitations.

    Wages and Employment Benefits

    • Employers are responsible for paying workers throughout the entire work day, even in the event of a workplace accident.

    • Employees cannot sue for injuries sustained in the workplace unless the employer/company is not covered by the WSIA.

    • The WSIB manages benefits disputes, ensuring decisions are legally sound and final.

    Health Care Overview

    • WSIA defines health care broadly, covering medical services, hospital stays, assistive measures, home modifications, etc.

    Return to Work

    • Employers must help injured workers return to work promptly, considering the worker's current needs and abilities.

    • Workers have the responsibility to engage in return-to-work efforts and notify the Board of their progress (and of any critical updates).

    • Re-employment obligations exist, requiring employers to accommodate or provide alternative work until the worker is recovered, reaching 65 years of age, or two years after the accident.

    Labour Market Re-Entry

    • Re-training or re-employment plans are available when workers need ongoing support to return to the job market following workplace injuries.

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    Description

    Explore the evolution of Ontario's Workers' Compensation Laws, from the Meredith Royal Commission to the current WSIA. This quiz addresses key terms and concepts essential for understanding workplace safety, compensation, and employee rights. Stay informed and ensure compliance with provincial updates for the best practices in managing workplace injuries.

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