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Difference between revisions of "Introduction to Compensation Claims for Injured Workers (7:III)"
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Introduction to Compensation Claims for Injured Workers (7:III) (view source)
Revision as of 00:44, 5 August 2017
, 00:44, 5 August 2017→c) Is the Disability Caused by Work?
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==== c) Is the Disability Caused by Work? ==== | ==== c) Is the Disability Caused by Work? ==== | ||
Under section 5 of the WCA, personal injury or death must '''arise out of''', and '''in the course of''', employment in order to be compensable. | Under section 5 of the WCA, personal injury or death must '''arise out of''', and '''in the course of''', employment in order to be compensable. It is important to check policies and WCAT decisions for qualifying factors, as they change. | ||
'''“Arising out of employment”''' relates to causation and means that the work must have causative significance to the injury. Not all | '''“Arising out of employment”''' relates to causation and means that the work must have causative significance to the injury. According to the well-established jurisprudence, this means that the work does not have to be the sole cause or even the dominant cause of the injury; it must be only causative significance greater than being trivial or '''de minimus''':[https://www.wcat.bc.ca/appeals/after/JRSummaries/Chima+2009+BCSC+1574.pdf ''Chima v. Worker's Compensation Tribunal'', 2009 BSC 1574], [https://www.wcat.bc.ca/appeals/after/JRSummaries/SCHULMEISTER+2007+BCSC+1580.pdf ''Schulmeister v. British Columbia (Worker's Compensation Appeal Tribunal)'', 2007 BCSC 1580], and [https://www.wcat.bc.ca/appeals/after/JRSummaries/ALBERT+2006+BCSC+838.pdf ''Albert v. British Columbia (Worker's Compensation Appeal Tribunal)'', 2006 BCSC 838]. Not all injuries at work are caused by work, as some are naturally occuring conditions which would have happened in any event. For example, a worker with heart disease, who is working in a sedentary job, may have a heart attack in the office. There is likely nothing in the work activity which would have causative significance for this injury. | ||
'''“In the course of employment”''' relates to the employment relationship at the time of injury. | '''“In the course of employment”''' relates to the employment relationship at the time of injury. It generally refers to whether the injury or death happened at the time and place and during an activity reasonably related to the duties and expectations of employment. Time and place are not strictly limited to the normal hours of work or on the employer's premises. | ||
:'''NOTE:''' There is a statutory presumption that if an injury is caused by '''an accident''' at work, the injury is presumed to have occurred in the course of employment [section 5(4) of the WCA]. An accident can include someone else’s intentional act. | :'''NOTE:''' There is a statutory presumption that if an injury is caused by '''an accident''' at work, the injury is presumed to have occurred in the course of employment [section 5(4) of the WCA]. An accident can include someone else’s intentional act. | ||
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Chapter 3, RSCM sets out further and detailed criteria for acceptance of a claim under section 5 of the WCA. Current policy states that the injury need not occur while the worker is engaged in specific productive acts, so long as it occurs within the broad circumstances of carrying out the employment duties. An injury which is incurred while commuting is generally not a compensable injury; however, travelling may be considered an activity in the course of employment if travel is part of the worker’s duties or if the accident occurs on the employer’s property or on a “captive road” provided and controlled by the employer, such as logging roads used by forestry workers. | Chapter 3, RSCM sets out further and detailed criteria for acceptance of a claim under section 5 of the WCA. Current policy states that the injury need not occur while the worker is engaged in specific productive acts, so long as it occurs within the broad circumstances of carrying out the employment duties. An injury which is incurred while commuting is generally not a compensable injury; however, travelling may be considered an activity in the course of employment if travel is part of the worker’s duties or if the accident occurs on the employer’s property or on a “captive road” provided and controlled by the employer, such as logging roads used by forestry workers. | ||
If serious and willful misconduct on the part of the worker is the sole cause of the injury, no compensation is paid unless death or severe disability results. | If serious and willful misconduct on the part of the worker is the sole cause of the injury, no compensation is paid unless death or severe disability results. | ||
==== d) Secondary Conditions ==== | ==== d) Secondary Conditions ==== | ||
