March 30, 2007 at 12:00 AM
Health and Safety Representatives, CAW Vice
Chairpersons and District Chairpersons should understand the progression of
events that must happen when a CAW member is injured in the workplace. As there
are various levels of knowledge about the correct processes, this information
sheet has been compiled to assist you in helping our members with injury forms
and WCB/CSST claims. (CSST is the Quebec equivalent of the Workers Compensation
Board).
When a member suffers a disabling workplace
injury the employer is legally obligated to complete an accident/incident
report. A disabling injury can be described as an injury that:
- prevents an employee from reporting for work
or from effectively performing all the duties connected with the employee’s
regular work on any day subsequent to the day on which the injury occurred. It
does not matter if the subsequent day is a working day for that employee;
- results in the employee losing a body member
(i.e. arm, leg) or part thereof, or in the complete loss of the usefulness of
a body member or part thereof;
- results in the permanent impairment of a body
function of an employee.
The employer is responsible to appoint a
qualified investigator to investigate the accident, and the district CAW H&S
Representative must be informed of the investigation and be invited to
participate.
The H&S Representative should inform the injured
worker on the WCB/CSST claim process. If the WCB/CSST claim is to be successful
it is important to explain the following points to the injured worker:
- the injured worker must seek medical help
immediately and have the physician complete their applicable WCB/CSST
physician’s report;
- the injured worker must ask the company to
fulfill their obligation and complete the employer’s WCB/CSST report;
- when the injured worker receives the WCB/CSST
report in the mail from the WCB/CSST, the injured worker should consult with a
knowledgeable CAW H&S Representative to assist them with the correct
completion of their WCB/CSST report. If an experienced CAW H&S
Representative is not available the injured worker can contact Ian Bennie, CAW
National Health and Safety Coordinator at:
(905) 567-1114 or [email protected]
The CAW is fortunate to have a supportive Short
Term Disability (STD) / Long Term Disability (LTD) insurance plan called the
Group Indemnity Disability Insurance Plan (GIDIP). They allow an injured worker
to file a claim with GIDIP so the employee has an income as the WCB/CSST claim
process proceeds. Part of the GIDIP arrangement is that once the WCB/CSST claim
is approved the injured worker will repay GIDIP for this advance of insurance
benefits.
If the WCB/CSST claim is denied, the injured
worker has the right to appeal. Most members will not be familiar with the
WCB/CSST appeal process and the CAW encourages the injured worker to contact Ian
Bennie who can assist them with their appeal. The CAW provides this support
service as it is imperative the cost of workplace injuries is paid by the
employer through WCB/CSST benefits. GIDIP was never structured to permanently
replace WCB/CSST benefits. It is intended to be an interim insurance until
the WCB/CSST claim is accepted or the appeal processes is finalized.
A flow chart is located below
that will assist CAW officers to guide injured workers through the WCB/CSST and
GIDIP insurance benefit systems.
Click here to view Flowchart (available in Adobe
PDF) 