Rights
The workers' compensation system protects both employers and workers from the
results of injuries that happen at work by not assigning blame to anyone for
the injury. This is known as a "no-fault" system. The system protects employers
from being sued by employees who suffer injuries in their workplaces. It also
makes sure that injured workers get the financial help and medical treatment they
need without having to pay for it themselves.
Employers are required to report all workplace injuries that require medical attention, but they should be aware
that:
- reporting an injury doesn't mean that you agree with the worker's version of what happened.
- you can outline your opinions about the injury on the Employer's Initial Report of Injury (E1) form.
- you can ask the Fair Practices Office to review decisions made on injury claims.
- you can request an appeal of any WCB decision on an injury claim.
Responsibilities
Employers have several legislated duties:
- Duty to report workplace injuries
Employers are required by law to report workplace injuries within five days of being made aware
of them. Failure to do so may result in fines or prosecution or both. Filing an Employer's Initial Report of Injury (E1) is quick and
easy online or by WCBTelefile service.
Late reporting delays payments of benefits to the injured worker, often causing
hardship and hindering recovery. Prompt reporting allows for quicker response
to medical needs. This results in lower costs overall, positively affecting
the Experience Rating.
- Duty to accommodate
Employers must make changes to an injured worker's job so they can safely do
that job with the injury they have. This may require changes to their workstation,
or in some cases, finding other temporary duties. Employers can't dismiss or
treat an employee differently because of an injury or illness.
Developing return to work plans in advance will make it easier for you to accommodate your injured workers. The WCB can help.
Employers also have other responsibilities:
- Pay premiums to support the compensation system
- Return your annual employer payroll statement (EPS) to the WCB by February 28th
- Request clearances when paying for any (sub)contractor work
- Provide a safe and healthy workplace
- Set up safety and injury prevention programs
- Keep in contact with your injured workers
Rights & Responsibilities