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This webinar is brought to you by CLEONet cleonet

This webinar is brought to you by CLEONet www.cleonet.ca. CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario. About our presenter….

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This webinar is brought to you by CLEONet cleonet

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  1. This webinar is brought to you by CLEONet www.cleonet.ca CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario.

  2. About our presenter… Jessica Michael is a staff lawyer at The Community Advocacy & Legal Centre (CALC), a non-profit community legal clinic. CALC serves low income residents of Hastings, Prince Edward and Lennox and Addington counties. Jessica joined CALC  in 2004, working primarily in the area of housing law. Her clinic work currently focuses on employment law, human rights, workers' compensation and CPP disability. She received her law degree from Dalhousie University. Jessica was called to the Ontario Bar in 2004.

  3. Workplace Safety and Insurance Board

  4. Overview This presentation is designed to provide you with an understanding of the rights provided to the workers in Ontario under the Workplace Safety and Insurance Act (WSIA) post January 1,1998.

  5. The Workplace Safety Insurance Board (WSIB) • Ontario’s Workplace Safety and Insurance Board (WSIB): • provides insurance for injuries and illnesses incurred in workplaces covered under the Workplace Safety and Insurance Act and • supports early and safe return to work for injured workers. • An employer must report any injuries to WSIB immediately after they occur • Decisions of the Board can be appealed via the Appeals Branch of the Board.

  6. The Workplace Safety Insurance Appeals Tribunal (WSIAT) • Decisions of the Appeals Branch of WSIB can be appealed at The Workplace Safety and Insurance Appeals Tribunal (WSIAT), which is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. • The Appeals Tribunal is separate from and independent of the Workplace Safety and Insurance Board.

  7. Possible Outcomes • There are a number of possible outcomes for injured workers: • Income replacement (loss of earnings benefit, LOE) • Health care and medical costs (doctor’s visits, surgery, physiotherapy etc) • Prescription drug costs • Special clothing or footwear costs • Transportation costs to and from health care appointments • If the injury results in a permanent impairment, the WSIB may award a (Non-Economic Loss benefit, NEL)

  8. Re-Employment • If a worker has worked for an employer for one year, and the employer normally employs 20 or more workers, the employer must offer to re-employ the injured worker in the pre-accident job, a comparable job, or a suitable job. • The obligation to re-employ lasts for the earliest of: • • two years after the date of the injury • • one year after the worker is able to do the essential duties of their pre-accident job, or • • the date the worker reaches age 65.

  9. Re-Employment (Continued) • If an employer terminates a worker within six months of re-employment, the employer must show that the termination was not related to the worker’s injury. • Special rules apply to workers in the construction industry, a lawyer can help clarify the rules in these special situations.

  10. Obligations of Injured Workers • Workers must: • co-operate in the health care and prescribed treatment indicated by the WSIB • undergo a health examination at the direction of their health professional or the WSIB • provide information to the WSIB to assist in the adjudication of their claim and • co-operate in an early and safe return to work or labour market re-entry assessment and plan, as indicated by the WSIB. • Failure to co-operate may result in WSIB cutting off a worker’s benefits. These decisions can be appealed with the help of a lawyer.

  11. Our Service Area and Contact Information • Legal Aid Ontario funds a number of free community legal clinics throughout Ontario for people living on a low income. • To find the clinic closest to you, visit: • http://www.legalaid.on.ca • You can also find us in the Yellow Pages.

  12. This webinar was brought to you by CLEONet. For more information visit the Employment and Work section of CLEONet at www.cleonet.ca For more public legal information webinars visit: http://www.cleonet.ca/training 2010, Community Law School (Sarnia-Lambton) Inc.

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