Alberta WCB is still broken Bill 30 did nothing to help long term claims. Alberta injured workers do not have the support , manpower or finances to get out there and let the public know the suffering never ends.
For injured workers the reality is clear, the WSIB in Ontario is broken and the loss and pain is on the backs of injured workers.
So every June 1, injured workers and their allies rally at Queen’s Park for Injured Workers Day, to highlight the flaws of the compensation system and the fight we need to continue to bring to the Legislature and the Ministry of Labour.
With just a few days before the election, the rally and march is an opportunity to make a stand, not only for injured workers but for all workers and people concerned about social and economic justice, that we have had enough of austerity and cuts. The rally on June 1, will send a message that no matter who gets elected, the age of austerity is over.
We can be sure that if Doug Ford’s Conservative Party is elected, privatization of the workers’ compensation system will be on his agenda – just as he will push for privatization across the board. We know that if this happens, it is low-income, vulnerable, and marginalized people who will suffer. So the Injured Workers’ Day rally is part of the fightback. We will stand up and resist, and take back our compensation system
On the eve of June 1, the Women of Inspiration, a group which offers support, knowledge transfer, education and outreach to Women Injured at Work, gathers on the lawn of Queen’s Park for “Sleepless in Queen’s Park.” This overnight vigil provides a safe space for injured workers to share poetry and song, and to tell stories of their battles for fair compensation because, if “injured workers can’t sleep; how can their elected representatives?”
On the following day of June 1 at 11:30am, injured workers and advocates join the Women of Inspiration at Queen’s Park to rally for Injured Worker’s Day. Joined by labour and community allies, injured workers from across Ontario will take to the streets, marching on the Ministry of Labour, calling on the government to deliver fairness from the workers’ compensation system.
In its 35th year, the theme for this year’s Injured Workers Day is driven by the success and hard work of the Ontario Network of Injured Workers’ Groups (ONIWG). ONIWG is an umbrella organization of injured worker groups in communities spread throughout the province, campaigning on the theme that Workers’ Comp is a Right. This campaign is demanding the compensation system return to its roots as a system that provides support and support and care for workers who have suffered injuries or illnesses on the job. The key campaign demands for a system that protects everyone are:
- No cuts based on phantom jobs
2. Listen to injured workers’ treating healthcare professionals
3. Stop cutting benefits based on pre-existing conditions
Through province-wide education and action on these issues, injured workers have successfully pushed their demands onto the political radar. We have collected thousands of petition signatures supporting the campaign demands, and heard MPPs read out the petition dozens of times in the Legislature. We have seen the NDP include injured worker issues in its platform – the first time since 1990 that a political Party has talked explicitly about injured workers. We have seen new injured worker groups form in communities where they did not previously exist.
So we are building. And after years of austerity and cuts, the compensation system is broken and the time is now to pressure those in power to commit to fundamental changes to restore justice. Join us.
A letter to the editor by an injury lawyer concerning recent changes by Alberta’s NDP concerning caps to “minor” injuries sustained in automobile accidents.
The ONIWG Research Action Committee has put together a one page handout in advance of June 1st, Injured Workers Day. This infographic is based on research done by our committee as well as academic research. Over the last seven years, the Ontario WSIB has more than doubled its reserved funds while cutting benefits to workers in half – resulting in thousands of workers with a life long work related disability ending up in poverty.
We encourage you to share this info widely – to friends, family and co-workers – and use it as a handout on June 1st. It can be used as a stand alone piece or you can print it two sided with the Workers Comp is a Right material or local information.
From The Lawyer’s Daily:
Ontario Court of Appeal okays class action against WSIB (February 16, 2017)
Tom Sandborn weighs in on the plight of chronic pain patients who deal with WorkSafe BC.
Enacting legislation providing presumptive status for firefighters, paramedics, police has opened up a Pandora’s Box by the idiots who enacted legislation and regulations which has resulted in providing differential treatment to these people without any scientific evidence to support the legislation which presumes only firefighters will get cancer when exposed to carcinogens such as benzene despite the fact that any one exposed to a carcinogen in the work place on a balance of probabilities has a greater risk than the general public who are comprised mainly of children and numerous seniors who are not in the work force which is the reference epidemiologists use when providing statistical information. Click on the following link for a follow up story: http://www.standard-freeholder
The following editorial also questions the validity and mentality of the elected clowns who provide preferential treatment to public servants whose jobs are far less dangerous then other jobs when it concerns heart attacks, PTSD, cancer than firefighters, police, paramedics, corrections officers and yet Nurses jobs based on factual evidence is far more apt to cause PTSD than a firefighter, policeman, prison guards, paramedic. Click on the following link: http://www.timescolonist.com/o
Questionably, how and when did the burden of proof shift from the “Board” to the worker when according to the WCA, no one other than the “Board” has any jurisdiction to investigate claims which in all cases are based on causation. According to Justice Bruce Millar in a Judicial Review that involved myself and my client, the workers compensation system is based on an inquiry system and workers have no burden of proof whatsoever. He was only echoing Dr. Terrance Ison’s expert explanation of how the system is supposed to work when adjudicating claims. In the present situation involving claims, workers are portrayed as the plaintiff in a civil suit against WCB and the Appeals Commission who represent the employer as the defendant who rarely if ever gets involved in a claim rather than a victim of an accident that more than likely was caused by the employer who cannot be sued for gross negligence or the Crown making no attempt to charge the employer under the criminal code and facing a lengthy term in prison.
Looking back on Bill 30, the whole thing is a farce and is nothing more than window dressing to appear to make the NDP look better than the previous Conservative Government who did more damage to workers than assist them to receive justice from a corrupt and uncaring workers compensation board whose only interest is protecting the accident fund to keep premiums lower than other provinces for economic reasons.
Click on the following link: http://www.cbc.ca/news/canada/
Just as I predicted, sometime in the near future, providing presumptive status for any occupation rather than all occupations is discrimination and would come back and bite the goofs that voted for and passed legislation for firefighters, then extended this presumption to first responders. There is and never has been any evidence that firefighters or first responders have any higher risk than any other occupation when compared to the general public which is how epidemiological evidence is gathered and is why the National Academy of Science does not or will not use the general public as a reference in determining causation.
Seems like Ontario always has to lead the way as the people we elect to represent us in Alberta must have fallen off a turnip truck. While I am a born and raised in Alberta resident, my question to the Government is why is it that Alberta is not leading the way in workers compensation issues rather than being the follower even going so far as to adopt the Meredith Principles which initiated in Ontario. Perhaps, the Alberta Government would simply rescind all legislation providing differential treatment to one group of workers and bring in legislation providing presumptive status in all claims for all workers and force WCB to prove contrary which is the way that it was intended to be right from the beginning according to Dr. Terrance Ison who before his death was Canada’s leading expert in workers compensation issues.
One of CIWAA’S goals is to have the provincial government re-open all WCB claims that were rejected due to an opinion by an independent medical consultant. We are in the process of gathering information and would like to hear from anyone whose claim was rejected because of an opinion by an independent medical consultant.
Carol will respond to all emails on behalf of CIWAA. Your information will be very useful to us as we work together to change WCB laws for the better. Please state if it can be shared with others.
If you feel you were unfairly assessed by a doctor, you can complain to their College. For a medical doctor, the complaint must be sent to the College of Physicians and Surgeons of Alberta (ACPSA). For a psychologist, the complaint must be sent to the College of Alberta Psychologists. Below is their contact information and link to the complaint page of their website. If you would like assistance completing these forms, please contact us.
1) College of Physicians and Surgeons of Alberta (ACPSA.)
2700 – 10020 100 Street NW
Edmonton, AB T5J 0N3 Canada
2) College of Alberta Psychologists
- College of Alberta Psychologists
2100 Sun Life Place
10123 – 99 Street NW
Edmonton, Alberta T5J 3H1
Toll free in Alberta at 1-800-659-0857
- Fax: 780-420-1241