Commissioner's Directive

Date:
2002-06-04

Number - Numéro:
254-2

RETURN TO WORK PROGRAM

Issued under the authority of the Assistant Commissioner, Human Resource Management

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POLICY OBJECTIVE

  1. To provide employees of the Correctional Service of Canada who incur an injury or illness the support and assistance to return to fully productive employment, as soon as medically feasible, through the Return to Work Program.

    The key to achieving this objective lies in early and active management of each case.

CROSS-REFERENCES

  1. Commissioner's Directive 254 - Occupational Safety and Health and Return to Work Programs;
    Guidelines 254-1 - Occupational Safety and Health Program;
    Commissioner's Directive 253 - Employee Assistance Program;
    Guidelines 253 on Employee Assistance Program;
    Commissioner's Directive 257 - Critical Incident Stress Management;
    Commissioner's Directive 068 - Delegation of Authorities in Human Resource Management.

AUTHORITIES

  1. Canada Labour Code, Part II;
    Financial Administration Act;
    Government Employees Compensation Act;
    Public Service Employment Act and Regulations;
    Public Service Superannuation Act;
    Privacy Act;
    Collective agreements.

DEFINITION

  1. For the purpose of these guidelines, "Workers' Compensation Board" (or WCB) refers to every provincial Board, including the Workplace Safety and Insurance Board (WSIB) in Ontario, the Workers' Compensation, Health and Safety Board (WCHSB) in the Yukon Territory and the Commission de la santé et de la sécurité au travail (CSST) in Quebec. (For more definitions, see the Glossary of Terms at Annex E.)

APPLICATION

  1. The standards, as contained in this document, apply to all CSC employees at the local, regional and national levels of the organization.

RESPONSIBILITIES

  1. The Assistant Commissioner, Human Resource Management Sector, in consultation with the regions, shall be responsible for developing the policy and accountability framework surrounding injury and illness, as well as providing national direction for CSC's Return to Work Program and expert advice regarding workers' compensation matters.

    The Regional Deputy Commissioners shall designate a Regional Return to Work Advisor, and implement and administer the program to manage injuries and illnesses in their region.

    The Regional Return to Work Advisor is the CSC expert on matters related to workers' compensation. He or she may provide assistance at the local, regional and national levels of the Workers' Compensation Board (WCB) and with regard to CSC policies and procedures. The advisor will provide advice in the management of long-term or difficult cases and maintain contacts with the local WCB office(s), SunLife and National Life.

    The Return to Work Advisor prepares regional roll-up reports outlining recent claims and return to work activity. He or she will represent the employer at various levels of appeal and assist managers in determining whether a case should be appealed.

    Managers and supervisors shall assist the worker in a safe and early return to productive employment upon completion of his or her convalescence. Managers shall work in cooperation with the unions in the identification of appropriate accommodated work. They must also adhere to federal and provincial legislation, Treasury Board policies, and directives.

    The injured or ill employee shall be an active participant in all medical and vocational rehabilitation activities designed to facilitate return to employment. Cooperation with the treating agencies and WCB or relevant disability insurance carrier is expected as well as ongoing communication with the manager regarding return to work. Employees are also responsible for providing all relevant documentation and information to the manager to ensure speedy management of the work-related injury or illness.

    The respective union may advise employees as to their rights and obligations during their convalescence and return to work. Participation of union members on Return to Work Committees is strongly encouraged.

    The treating practitioner, usually a physician, is responsible to provide treatment and report to the WCB or relevant disability insurance carrier. If the injury or illness causes an absence from work, the doctor needs to provide a diagnosis, treatment plan, prognosis and physical precautions to be aware of (if any) when the employee returns to work. The determination of the appropriateness of any proposed work is a matter for the worker and manager to establish, perhaps with help from the rehabilitation department, except in Quebec where the doctor makes the determination.

    Provincial workers' compensation legislation provides no-fault occupational injury and illness coverage for most employees in Canada. The role of the respective Workers' Compensation Board (WCB) is to gather enough information to adjudicate the claim, that is, decide whether the claim arose from a workplace injury or illness. The WCB adjudicator monitors the worker's recovery and medical treatment, and attempts to facilitate an early return to work. If it appears that an early return to work will be difficult, a variety of rehabilitative services may be offered to the injured or ill worker to assist in the return to work process.

DISABILITY INSURANCE COMPANIES

  1. Disability insurance ensures benefit payments to employees through funds deposited on behalf of the employee by Treasury Board. The cost of premiums is determined at the end of each fiscal year and is directly related to claim experience. As of January 1, 1998, employers were contributing 85% of premiums and employees 15%.

    CSC is indirectly assuming the costs associated with the coverage of injured or ill employees including medical services, health care, rehabilitation, etc. Treasury Board tracks departmental costs and pays premiums to each carrier.

    Disability insurance carriers (e.g. SunLife, National Life) provide the income replacement required when an employee is totally disabled and unable to work due to a non-occupational injury or illness.

    SunLife administers the plan covering employees in the Public Service who are included in collective bargaining and who are members of the plan.

    National Life administers the Public Service Management Insurance Plan and provides for income protection arrangements for Public Service employees excluded from the collective bargaining process.

CONFIDENTIALITY OF INFORMATION AND ASSISTANCE SERVICES

  1. Information and assistance services shall be provided on a confidential basis and without prejudice to job security.

WHAT TO DO WHEN AN ACCIDENT OCCURS

  1. Accident Reporting - The injured or ill employee, or any other employee (if the injury prevents the injured worker from doing so) shall report all work-related injuries or illnesses to the employer, i.e. the immediate supervisor or, in the supervisor's absence, another supervisor. The manager is responsible to ensure that the WCB report of accident and the Hazardous Occurrence Investigation Report (form LAB 1070) of Human Resources Development Canada are properly and completely filled out and forwarded to HRDC immediately upon learning of the work-related illness or injury. Annex B includes a list of all the WCB forms used by CSC to report work-related accidents and illnesses. (For additional information, refer to the Guidelines on Occupational Safety and Health Program.)

  2. First Aid/Medical Attention - A manager's first responsibility is to ensure that the injured or ill worker receives first aid and/or medical attention (see Annex A). If the worker requires medical treatment, the employer is responsible for providing transportation to either a physician or the hospital, as appropriate. The supervisor shall ask the worker if he or she wishes to be accompanied to the physician or hospital in order to:
    • demonstrate CSC's concern;
    • ensure the worker receives medical care;
    • contact the Critical Incident Stress Management Team if appropriate; and
    • assist in facilitating early return to work if physical or psychological precautions can be determined immediately and modified work can be made available.

ACCIDENT INVESTIGATION

  1. As required in Part II of the Canada Labour Code, an immediate investigation shall be conducted at the scene of the accident by a representative of management. A representative of the Workplace Safety and Health Committee may accompany the management representative.

    In the event of a critical injury or a fatality, the local police, Human Resources Development Canada (Labour Program) and a worker representing the Workplace Safety and Health Committee have legal authority under Part II of the Canada Labour Code to report the incident and investigate the circumstances surrounding the accident. The CSC representative shall ensure that the scene of an accident is left undisturbed (e.g. rope off the area) until all such investigations are complete, except in order to preserve life or minimize the possibility of further risk. A copy of the investigation report must be forwarded to the Commissioner, or his/her designate.

    Corrective actions recommended in the investigation report shall be implemented as soon as possible. Follow-up must occur to ensure the recommendations have been followed. The investigation should not be considered to be complete until preventative action, where applicable, has been taken.

CLAIMS AND REPORTING

  1. The information provided to the WCB on the employer's report of injury will form the basis upon which the WCB adjudicator will determine entitlement to compensation benefits.

    Review by Management - The manager or his/her designate shall review all submissions to Human Resources Development Canada. The particular circumstances and documentation surrounding the injury or illness will be reviewed to determine whether or not to challenge the worker's claim.

    This review shall be performed in accordance with the benefit of doubt principle. Should the manager feel that an appeal is appropriate, the matter will be reviewed with the Return to Work Advisor who will (if they concur) process the appeal and represent the employer throughout the appeal process.

    If the manager and the Return to Work Advisor do not concur as to whether an objection to the claim should be filed with the WCB, the manager's wishes will prevail.

    If an objection to entitlement is launched, the employee and the WCB will be informed in writing of the reasons for the challenge. Irrespective of the challenge, the manager remains responsible to forward the accident report forms to Human Resources Development Canada within the time frames specified by appropriate provincial WCB legislation.

    The employee should sign the medical consent forms and the employer may request a medical examination of the employee.

LEAVE TYPES AND ENTITLEMENTS

  1. Injury-on-Duty Leave - Employees covered by a collective agreement are entitled to injury-on-duty leave with full pay for a period of up to 130 days, as determined by the appropriate manager with delegated authority, provided that the claim's initial and ongoing entitlement is supported by the WCB. It is important to know that sick leave is only used to cover the gap between the time of accident and the time when the WCB allows the claim. Once the claim is allowed, all sick leave used is credited back to the employee, effectively starting the injury-on-duty leave on the day of injury.

    A manager or his/her designate is responsible for determining injury-on-duty leave for such a reasonable period. Refer to Commissioner's Directive 068 to determine the required delegation of authority for granting injury-on-duty leave. This decision is made with the medical reports available from either the employer or employee's physician. If the information is not available from these sources, it is advisable to call the WCB adjudicator to determine the status of the employee's claim.

    Injury-on-duty leave shall be granted once the WCB has approved the claim. The sick leave credits are reinstated and the entire lost time period to that point is paid through injury-on-duty leave. When an employee is receiving injury-on-duty leave, the WCB considers that worker to be on workers' compensation benefits paid in the form of "employer advances".

    Casual employees are not entitled to injury-on-duty leave. Injured or ill casual employees go on sick leave until the WCB allows the claim, then they receive WCB pay-direct. They are treated the same as indeterminate employees by the Board.

  2. Leave Without Pay - Once the injury-on-duty leave has terminated, leave without pay may be granted. Where management is satisfied that there is a good chance the employee will be able to return to work within a reasonable period of time, leave without pay may be granted to bridge the employment gap. The termination of such leave should be decided within two years of its commencement. Where the employee will not be able to return to employment within the foreseeable future, management is expected to grant leave without pay for a period sufficient for the employee to make the necessary adjustments and preparation for separation from the Service for medical reasons. In these cases, the general rule is that the period of leave should not exceed three months.

    The normal two-year limit on leave without pay for illness and injury should not be exceeded unless there is a compelling argument that an exception is warranted by the unique circumstances of the case. Termination of this type of leave can be effected through the employee's:
    • return to work (when the employee returns to work, the salary is paid in the usual manner);
    • resignation, or alternately retirement on medical grounds; or
    • release "for reasons other than breaches of discipline or misconduct" pursuant to R.S.C., chapter F-11 of the Financial Administration Act. This option is only feasible after failure of reasonable efforts to accommodate the worker and should only be considered in consultation with the Staff Relations department.
  3. Direct Payment of Workers' Compensation Benefits - In cases where the affected worker is not granted injury-on-duty leave, he or she may receive direct payment of workers' compensation benefits (salary replacement) which is a percentage of regular salary as established by the workers' compensation legislation of the province in which the injured or ill worker is normally employed.

  4. Time Off With Pay - For minor non-disabling injury, where no time is lost beyond that required for medical treatment, the employee shall be allowed reasonable time off with pay to receive the treatment.

ACCOMMODATED WORK AND ERGONOMICS

  1. In all cases, the provision of modified work is a sound rehabilitative step that improves recovery times and results in lower financial and human costs to the Service and the employee.

    Experience with return to work strategies has shown that injured or ill employees return to work faster when they are provided with temporary modified work while they recover. For example, an employee recovering from a broken leg will return to regular work faster if provided a sit-down job while the cast is on.

    The manager shall ensure that information from the employee's physician regarding temporary or permanent physical precautions that should be taken for the return to work is reviewed at the earliest possible date. The manager shall make every effort to provide accommodated (modified) work. He or she shall give an outline of duties and, if available, a task analysis, to the worker to illustrate how the proposed work does not exceed the physical precautions as outlined by the treating physician.

    Work can be modified in several ways. In some cases, it is appropriate to have the employee return to work gradually over the course of several weeks, starting at approximately 1/2 of his or her full-time schedule.

    In certain cases, on-site assessments may be conducted by Health Canada, which will include a comprehensive task analysis and recommendations. Workplace modifications may be required to ensure that ergonomic standards are met.

    Permanent modified work should be considered in cases of severe physical impairment. It is, however, a less favorable strategy since the worker will not be performing the same duties as others employed at that level. Should the situation change, the accommodation exercise may have to be undertaken again. In cases where permanent modified work is being considered, it is recommended that the CSC Return to Work Advisor be consulted.

APPEALS

  1. Both the injured or ill employee and the employer may object to decisions made by the WCB or relevant disability insurance carrier (see the Appeal Process in Annex C).

    Before deciding whether to appeal, the employer consults with the CSC Regional Return to Work Advisor who is familiar with provincial policies.

MEDICAL ASPECTS OF CLAIMS MANAGEMENT

  1. The WCB and disability insurance carriers pay health care benefits in allowed claims. Payment is also made in denied claims under certain circumstances (e.g., for a diagnostic fee for the purpose of determining whether the claim is allowable). Health care benefits also extend to payment of travel and related expenses incurred when an injured or ill worker or another person must travel in relation to a claim.

    Wage loss incurred by a worker due to an absence from work for medical reasons is viewed as temporary total disability and is compensable under workers' compensation legislation. Examination, physiotherapy and other treatment qualify if they occur within the worker's normal working hours.

    It is not unreasonable, however, to request that the worker make an effort to ensure that these appointments are made so as not to interfere with modified work arrangements or a vocational rehabilitation plan.

    If time is lost from work, the WCB pays the employee directly. It is the employee's responsibility to inform the WCB adjudicator of the lost time from work.

TEMPORARY TOTAL OR PARTIAL DISABILITY

  1. For example, a 50-year old labourer who cannot return to physical labour as a result of a back injury would be expected to acquire skills that would facilitate a return to work. In some cases, assistance from the WCB may be available for the period of retraining.

    Temporary partial disability is a reduction in the ability to earn full pre-injury/illness wages for a limited period of time as a result of the labour market's inability to accommodate the worker with the remaining effects of the injury. This includes workers who are partially disabled but unemployable without medical or vocational rehabilitation services and those who are not in need of rehabilitation services to return to work.

    Temporary total disability is a condition that prevents the worker from performing any type of work. The adjudicator usually looks at the medical information on file and the information regarding the physical requirements of the worker's job to determine whether a worker is completely unable to return to the workforce due to the effects of the work-related injury or illness.

    >The CSC manager must make the WCB decision-maker aware of CSC's commitment to helping its employees return to the Service. The worker's job description and CSC's willingness to consider modified work should be communicated to the WCB at first opportunity.

    Vocational rehabilitation services can begin at any time if it appears that the worker will not return to pre-injury employment.

    This will be initiated by the WCB adjudicator but can also be requested by the manager if it is apparent that the extent of injury or illness makes return to the former position unlikely.

    Disability insurance carriers (e.g. SunLife, National Life) remunerate employees who have temporary total disabilities. Claims adjudicators examine all relevant medical data and information concerning the job requirements to determine if the medical condition of the employee prevents him or her from performing each and every duty of his or her regular occupation or employment.

    The manager must advise the carriers or the treating physician that CSC has a Return to Work Program and wishes to facilitate the reintegration of the affected employee into the workplace. This reintegration can include modified work or temporary work in another area.

    If it is evident, due to the injury or illness, that the employee will be permanently incapable of returning to his or her regular occupation or employment, the manager can advise the claims adjudicator that another position could be offered. The employee may have access to rehabilitative services through the company.

MEDICAL CONSENT FORM

  1. A medical consent form signed off by the employee may be required in order that Health Canada may review the medical file with the employee's physician.

REQUEST FOR MEDICAL EXAMINATION

  1. The employer can request workers to undergo an independent medical examination by a medical practitioner or advisor of the employer's choice. WCB jurisdictions that recognize such assessments include Nova Scotia, Ontario and Quebec.

    Health Canada can provide specialized information and interpretations on the injured or ill worker's situation. Health Canada, in certain cases, can arrange for an independent medical assessment for the injured or ill worker and interpret the results for the manager.

    If the employer requires the injured or ill worker to be examined by a physician of the employer's choosing, then the employee must be informed in writing. An examination can be conducted to confirm the employee's limitations, to prepare for an appeal, or to ensure that the employee is fit to return to work. The cost of the medical examination is normally the responsibility of the employer.

OCCUPATIONAL ILLNESSES

  1. A number of conditions arise from exposure to elements in the workplace rather than industrial accidents. Some may be one-time exposures such as AIDS/HIV, hepatitis B, tuberculosis and rabies. Other conditions arise as a result of exposure over time: chronic lung disease, cancer, occupational noise-induced hearing loss, carpel tunnel syndrome, tenosynovitis or skin diseases.

OBLIGATION TO RE-EMPLOY

  1. The Public Service Employment Regulations include a provision in section 40 for a new priority for appointment of employees who become disabled, in order to facilitate their return to the workplace. Employees who cannot return to their regular position are entitled to be appointed without competition and, subject to sections 29, 30, and 39 of the Public Service Employment Act, in priority to all other persons, to a position in the Public Service for which, in the opinion of the Public Service Commission, they are qualified. To be eligible, the employee must recover within two years from the date on which he or she qualifies for disability compensation. The priority lasts for two years from the date the employee is ready to return to work.

    The Public Service Commission will facilitate the placement of the priority employee through a centralized priority administration system. For additional information, please contact your Human Resources Advisor.

    Human Rights - Human rights legislation, as it applies to the occupational context, is designed to ensure that individuals are treated fairly at the workplace. A worker with a permanent impairment may only be excluded from a job competition where this exclusion can be justified in objective terms.

    CSC must be able to show that any activity that would exclude an injured or ill employee is a bona fide occupational requirement of the position in question. In fact, an employer can successfully put forward only two defences to answer an accommodation complaint: undue hardship or a bona fide occupational requirement. The burden of proof is placed upon the employer.

    Undue Hardship - It would be extremely difficult for the CSC to claim undue hardship as a defence for failure to accommodate an employee who incurred a work-related injury or illness. However, some of the factors that are considered in determining undue hardship are:
    • cost;
    • size of the employer's organization;
    • interchangeability of the workforce and facilities;
    • how large a safety risk is involved and who bears it;
    • discrimination against other employees;
    • significant interference with employee's rights;
    • disruption of the collective agreement; and
    • negative effect on employee morale.
    The key factor in accommodation is the individual assessment. Can the person do the job and, if not, can he or she be accommodated? Additional information can be obtained from the Anti-Discrimination Programs Branch of the Canadian Human Rights Commission.

RETURN TO WORK

  1. If an employee is going to be absent from the workplace for an extended period of time, it is best to provide short-term accommodated work. Employees who do not break the work routine after an accident have been shown to return to regular duties much sooner than employees who are authorized to stay at home to convalesce. Because the accommodated work is of a temporary nature, it need not be comparable to the employee's regular work, although this is preferable. Accommodated work can be as simple as reading training manuals or helping out in an office while a broken leg heals. All modified work should be set up for fixed periods of time using the return to work plan with pre-set review periods, unless the modification is very straightforward. (Refer to section on the return to work plan.)

    In some cases, it may be necessary to modify the worker's job permanently. The modification could be a physical alteration of the work site, an alteration of the work activities or changes to schedule, production requirements, etc. Change in position to another job is not considered to be modified work but is a reassignment to another regular job.

RETURN TO WORK PLAN

  1. The individual written return to work plan is key to the concept of shared responsibility and joint commitment to common goals. It is the road map back to employment for the worker. Like a road map, the return to work plan identifies the destination and the specific route to be taken.

    When properly completed, the return to work plan outlines:
    • the return to work occupation;
    • the activities to be undertaken to achieve re-employment;
    • the responsibilities of the parties in the return to work process;
    • specific time frames;
    • who will do what and when;
    • comments, instructions or extra details.
    All parties must sign the return to work plan, showing their agreement with, commitment to, and support for the plan.

    The return to work plan can also be used to enumerate preparatory steps to assist employees in reintegrating their pre-injury/illness job. For example, entering the institution or facility for one hour, three times a week for the first week, two hours the second week, etc. (See Annex D for the forms related to the return to work plan.)

PHYSICAL ACCOMMODATION

  1. CSC must make accommodations to facilitate the return of as many injured or ill workers as possible. An important term to remember when making accommodations is "essential duties". The employee must be capable of performing the essential duties of the position and meet the productivity requirements of the job after the accommodations are in place. If the employee cannot perform a task that is not considered to be an essential duty, that task must be removed.

    Accommodations may include but are not limited to:
    • modification to controls or equipment;
    • purchase of assistive devices;
    • removing barriers to access;
    • modification of work schedule;
    • modification of work method and procedure;
    • job restructuring.
    Failure to accommodate may result in fines from the Human Rights Commission and/or the WCB. The union also has a duty to accommodate an affected worker either by helping find a solution or by cooperating so that an accommodating measure can be put in place.

    For further reference, review the procedural directive on Reasonable Accommodation and Undue Hardship issued by the Canadian Human Rights Commission.

EARLY INTERVENTION

  1. During the absence from the workplace, the important social connections with the workplace begin to fade and possibility increases that the worker will adopt a chronic disabled role. It is therefore important that arrangements be made to bring the employee back to the workplace as soon as possible.

WCB OR DISABILITY INSURANCE COMPANY POLICY

  1. According to the WCB or disability insurance company policy, there is no limit on the amount of training that the WCB may provide to an injured or ill worker. The Boards have many policies relating to retraining but the key concept is that they are empowered to provide skills (always at the employer's expense) to allow the injured or ill worker to return to work at a wage commensurate with the pre-injury/illness wage. All of these costs are charged to the employer plus WCB administration fees. The employee is fully compensated during this period. The only real restrictions that the Boards place upon the choice of occupation relate to remuneration (employees cannot purposely under-employ themselves) and viability (the job must be reasonably available).

FINANCIAL RESPONSIBILITY

  1. CSC is responsible for its claims on an individual basis, which includes the full cost of workers' compensation: lost wages, medical health care, vocational rehabilitation and pensions. To this the WCB adds an administration fee (average across Canada is approximately 20%).

    CSC has assumed the direct responsibility for the WCB costs for accidents which occurred on or after April 1, 1998. The Injury Compensation Unit of Human Resources Development Canada maintains records of individual department costs related to WCB claims on behalf of the federal government.

    When there is a reoccurrence of a prior injury, costs of the claim should be transferred to the department or employer where the accident or injury occurred, as this does not constitute a new claim.

AUDIT AND EVALUATION

  1. In accordance with the Treasury Board Policy on Review, Internal Audit and Evaluation, Regional Deputy Commissioners must ensure that all work sites are audited for compliance to established safety and health policies and procedures on an annual basis, utilizing any audit system established by the Human Resource Management Sector. The results of such audits shall be shared with the Executive Committee.

    The Performance Assurance Sector will incorporate the evaluation of the Occupational Safety and Health Program as part of its long-range audit plan.

Assistant Commissioner,
Human Resource Management

Original signed by:

Jacques M. Pelletier

Annex A

What A Supervisor Should Do If An Accident Occurs

What A Supervisor Should Do If An Accident Occurs

Annex B

Provincial WCB Forms to be Filled Out by the Employer

Province

Number

Title of Form

     

Newfoundland

F7

Employer's Report of Injury

Prince Edward Island

F7

Employer's Report of Accident

Nova Scotia

F67-9

*Report of Accident

New Brunswick

F67

*Report of Accident or Industrial Disease

Quebec

1940-A

Employer's Notice and Reimbursement Claim

Ontario

F7

*Employer's Report of Injury/Disease

Manitoba

 

Employer's Report of Injury or Occupational Disease

Saskatchewan

E1

Employer's Initial Report of Injury

Alberta

 

Employer's Report of Accident or Industrial Disease

British Columbia

F7

Employer's Report of Injury or Occupational Disease

Yukon

 

Employer's Report of Injury/Illness

Northwest Territories

 

Employer's Report of Accident or Industrial Disease

     

* Both worker and employer must fill out the form

Annex C

Vocational Rehabilitation Process

VOCATIONAL REHABILITATION PROCESS

Return To Work Process

Return To Work Process

Appeal Process - Ontario

Appeal Process - Ontario

Annex D

Forms Related to the Return to Work Plan

TITLE

NUMBER

MANAGER / SUPERVISOR'S RTW CHECKLIST

/forms/forms/1144e

CSC 1144

   

RETURN TO WORK PLAN

/forms/forms/1145e

CSC 1145

Annex E

Glossary of Terms

Accommodation
The changing of work or work methods in order to permit a person to return to productive employment.
Act
The workers' compensation legislation.
Adjudication
The process used to determine acceptable and unacceptable claims.
Affected worker
A CSC employee who incurs a work-related injury or illness.
Assessment
The charge imposed by the Board on an employer to provide funds to pay benefits for industrial accidents and diseases.
Assessment rate
The rate applied to determine the amount of money an employer pays the WCB. Based on the industry, a firm is assessed a set amount per $100 of payroll.
Benefit
A payment made to a worker or a dependent in relation to a compensable injury or condition.
Board
The governing body of the corporate WCB.
By application
Voluntary or requested coverage for individuals or industries not compulsorily covered by the Act.
Claims adjudicator
A specially trained employee of the WCB charged with determining a worker's entitlement in a claim.
Classification
The determination of an employer's type of operation and industry designation used to set compensation assessment rates.
Collective liability
Where all employers in a class or other rate group are liable for the costs of any or all accidents and industrial diseases that occur in the operations of those employers.
Commute
The payment of a benefit by ways of one amount (lump sum) rather than periodic payments of a lesser amount.
Compulsory coverage
An employer's operation/business (industry) that is stated as being included within the scope of the Act. Such employers must pay assessments and their workers are eligible for benefits if injured or suffering from a workplace illness.
Coverage
When the Act applies to a worker or undertaking.
Determination
A finding of the Board in connection with a provision of the Act.
Disability
Any restriction or lack (resulting from an impairment) of ability to perform an activity in the manner or within the range considered normal for a human being.
Dual-award
System of compensating permanently impaired workers in two possible ways - for loss of earnings and for loss of enjoyment of life. (In British Columbia, it is a functional loss.)
Economic loss
Future loss of earnings of a worker who has suffered an injury resulting in permanent impairment or temporary disability for 12 continuous months. This is the first part of the dual-award system.
Ergonomics
The science of adapting work environments to suit the capabilities and characteristics of individuals. Size, shape, age, gender and physical abilities, in addition to strength, endurance and work tolerance can affect the ability of some workers to do their jobs. Ergonomics considers job design, tools and equipment, the management of physical environments, and worker capabilities and limitations.
Essential duties
Core functions of a job, without which the job outcome could not be achieved.
Extended earnings loss
Benefits payable to an injured or ill worker who has been determined physically incapable of returning to pre-injury employment. The formula to determine extended earnings loss is: pre-accident earnings (an average of 12 months) less the earnings the worker is deemed capable of earning at a suitable occupation after sustaining the injury.
Fully productive work
Full-time employment but not necessarily the job held prior to the injury or illness. Managers must take into consideration any physical impairment (temporary or permanent) which may preclude exercise of the position held prior to the injury or illness.
Handicap
A disadvantage for a given individual, resulting from an impairment or disability, that limits or prevents the fulfillment of a role that is normal (depending on age, gender, social and cultural factors) for that individual.
Impairment
Any loss or abnormality of psychological, physiological or anatomical structure or function.
Independent operator
A person who makes his or her services (and equipment) available to other people and employers.
Lost time claims
Those claims where there is a loss of earnings beyond the day of injury which is generally supported by medical documentation.
Lump sum
A payment made in lieu of periodic payments, which does not preclude further consideration.
Manager
The manager responsible for the injured or ill employee.
Medical rehabilitation
Early involvement in treating injured or ill workers ideally within, or close to, their own communities. Includes a shorter rest period after injury and early, active physical therapy. If the recovery is prolonged, rehabilitation may also include further health care assessments and an evaluation of physical abilities.
No lost time claims
Those claims where there are only medical aid expenses and no time (beyond the day of injury) is lost from work.
Non-economic loss
Workers who suffer an injury resulting in permanent impairment may receive an award for the loss of enjoyment of life. This is the second part of the dual-award system.
Non-essential duties
Tasks which do not directly relate to the job's main purpose or desired outcome (e.g., maintaining a tidy workstation).
OAS
Old Age Security - Payments are made to eligible workers under legislation.
Occupational therapy
The art and science of directing a person's participation in selected tasks to restore, reinforce and enhance performance, facilitate learning of those skills and functions essential for adaptation and productivity, diminish or correct pathology, and promote and maintain health.
OSH
Occupational safety and health. Formerly called accident prevention.
Pension
A payment granted to an individual, or that person's dependents, who sustained an industrial accident or has an industrial disease which resulted in a permanent disability and was awarded a monthly pension payable for life or the duration of the disability. This award is established by the Board and proportioned upon the diminution of earnings capacity. Under certain circumstances, the pension can be a lump sum.
Permanent physical impairment - Lump sum
To recognize loss of opportunity, a lump sum award calculated in accordance with the medical evidence of a permanent physical impairment and rating schedule.
Personal coverage
Coverage for a sole proprietor, an independent operator, partner, member of a family or other individual who does not enjoy the protection of the Act (coverage) unless he or she applies and the Board accepts.
Physiotherapy
The assessment, identification, alleviation and prevention of physical dysfunction or pain based on the art and science of therapeutic movement of the human body which may be supplemented by exercise, massage, manipulations or selective application of such physical medium as hydrotherapy, radiant, mechanical or electrical energy, including acupuncture and of such means in the restoration and maintenance of optimal functions.
PPD/PTD
Permanent partial/total disability pensions.
Provider
Refers to the relevant provider of entitlement depending on whether the case is work or non-work related (WCB, SunLife or National Life).
Regulations
Rules, procedures, amounts and details for the operation of the Act.
Return to Work Committee
A workplace or regional advisory group formed to review workplace injuries or illnesses and their resulting conditions with the goal of assisting the manager to identify opportunities for reintegration into the workplace. This committee will include representation from union, management and staff to review WCB cases and facilitate a return to work.
Stakeholder
Individuals or groups who have a special interest - or stake - in the WCB. Includes injured or ill workers, labour, employers and health care providers.
Subrogation
Where a Board is able to stand in the place of an injured or ill worker, a dependent or employer and jointly benefit from any rights or settlement obtained.
Survivor
A spouse or dependent of a worker who dies as a result of a workplace accident or disease.
Task analysis
The systematic analysis of all activity demands of a job or work process that may be imposed on a worker; a process to determine the compatibility between an individual worker and a specific job.
TPD/TTD
Temporary partial/total disability.
Training on the job
Programs which provide an injured or ill worker the opportunity to learn new skills with the expectation that most programs will lead to employment. As a rule, during a training-on-the-job program, the worker's wages are shared between the WCB and the employer. Duration of the training is based on the length of time needed to train the employee, the wage upon completion, and the level of skills acquired.
Unfunded liability
The amount by which the Board's own current liabilities exceed its assets.
Vocational rehabilitation
Programs and services designed to re-establish, as much as possible, a worker's pre-injury earnings profile or maximum earnings potential.
Work assessment
Also called work evaluation or work trial. A program to assess an individual's functional capabilities in a real work situation. It is a method of returning an injured or ill worker to the work force by building up physical tolerances on a gradual basis.
Workers' Compensation Board
For the purpose of these guidelines, "Workers' Compensation Board" (or WCB) refers to every provincial Board, including the Workplace Safety and Insurance Board (WSIB) in Ontario, the Workers' Compensation, Health and Safety Board (WCHSB) in the Yukon Territory and the Commission de la santé et de la sécurité au travail in Quebec.
Work-related injury or illness
An injury or illness accepted by a WCB or claimed to be compensable but pending an entitlement decision by the WCB.