Back at the turn of the 20th century, the weekly wage for a worker in the manufacturing sector was $9.69. Basic weekly expenses for a family of five were $11.96. Nearly 70% of those with jobs were living below the poverty line.
In the province of Ontario, The Workmen’s Compensation Act was passed on January 1st, 1915.
Nova Scotia followed with similar legislation in April of that year, followed by British Columbia and Manitoba in 1917, Alberta in 1918, and Quebec in 1931.
After much debate between organized labour and employers, this legislation was a compromise based upon five basic principles:
- Security of Payment:Guaranteed compensation for as long as a worker’s earnings were lost.
- No Fault System: It would not be necessary to prove negligence to get benefits.
- Employer Funded: As a trade-off for the next principle.
- Workers Could Not Sue Their Employers
- Administration by an Independent Agency: Workers would not have to pay for legal expenses in the court system.
So, workers’ compensation is not a social welfare program – it was not given to workers by the government or employers. Canadian taxpayers do not contribute one cent to its administration. Workers’ Compensation is a hard fought right that Canadian workers had to forego other major rights to win.
DEFINITION OF WORKPLACE INJURY:
There are specific rules that determine when an injury or disease is considered to be work-related. Although each province has its own workers’ compensation legislation and policies, there are two basic determinations that govern entitlement to benefits. First, the injury must have “arose out of” employment; in other words, the injury must have been caused by the employment. Second, the injury must have occurred “in the course of” employment; in other words the time and place of the injury must be connected to the employment.
What about injuries that occur while on the way to work? In the employer’s parking lot? While enroute to a layover hotel? At the layover hotel? On a layover, but away from the hotel? The grey areas are endless. Each provincial board will have a different take on this, and each case within a particular provincial jurisdiction will be judged on its own merits.
The best rule is… when in doubt, file a claim!
WHY REPORT AN INJURY?
When a workplace injury or illness goes unreported, we as workers lose on two fronts. First, we lose protection of our Workers’ Compensation Act which may include entitlement to loss of earnings, health care, possible further entitlement for any recurrence of the injury, and possible recognition of and compensation for any permanent impairment. Second, our employer’s responsibility for the injury goes undetected and nothing is done to ensure that the same injury does not occur to another worker.
When a Workers’ Compensation claim is allowed, any sick days taken from our sick bank as a result of a book-off must be returned. Even if you didn’t book off, a “no lost time” claim can be established which will cover 100% of the cost of a physiotherapist, chiropractor, or other health care provider who treats your injury.
HOW TO REPORT AN INJURY:
When you become sick or injured onboard the aircraft, complete the Flight Attendant Injury Report (ACF 32-8). When you become sick or injured on a layover, complete the Flight Attendant Injury Report (ACF 32-8) AND the Flight Report – Injury/Illness/Incident (ACF-34C). Be sure to keep a copy for yourself before handing it in.
Tell everyone on your crew and pull a crew list; you may need them months later to make a witness statement should your claim be denied and you wish to pursue an appeal.
Obtain a Functional Abilities Form (ACF 6214A) if you are based in Toronto, or (ACF6214) if based anywhere else, from Aeronet. If you plan to book off your next cycle as a result of your workplace injury, take the form to your health care provider. Be sure to advise them that your injury is work-related so they may file a report to the Workers’ Compensation Board in your province. Have them complete the FAF and return it to your base’s Occupational Health office as soon as possible. The Company is entitled to the functional information contained on the FAF; your medical information is CONFIDENTIAL and must not be released by either your health care provider or your Workers’ Compensation Board adjudicator, without your expressed permission.
Air Canada will use the information on the Flight Attendant Injury Report (ACF 32-8) to file a report to your Workers’ Compensation Board. If the Company does not do this in a timely manner, a late filing fine could be imposed.
INJURY ON DUTY INFORMATION SHEETS:
Click HERE to access the YYZ Information Sheet – Mainline
Click HERE to access the YYC Information Sheet – Mainline
Click HERE to access the YVR Information Sheet – Mainline
Click HERE to access the YYZ Information Sheet – Rouge
Click HERE to access the YVR Information Sheet – Rouge
WORKERS’ COMPENSATION IS YOUR RIGHT!
For over a century, Canadian workers have fought hard to achieve our right to a safe and healthy workplace. The history of the labour movement in Canada shows us the enormous cost incurred by our predecessors to get to this point.
Let us honour the sacrifices of those workers who have gone before us by exercising our right to compensation when we become sick or injured while performing our duties in the workplace. Let us continue to hold our employer accountable for our safety while we work to support our families.
Report every injury, regardless of how minor. Exercise your right to compensation!
If you have any questions about your claim, your benefits, or would like any information about the WCB, WSIB, or CSST, please contact:
- Committee Chairperson:
- DOUGLAS HAY
- Toll Free:1-877-411-3552 ext.259
- Local:416-798-3399 ext.259
- E-mail: firstname.lastname@example.org
- JEAN-JACQUES ISRAEL
- Local:604-279-0967 (phone/fax)