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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)

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Some special cases are set out below, but at all times, the most recent version of policies in Chapter 2 of the RSCM II should be consulted if “worker status” is an issue.
Some special cases are set out below, but at all times, the most recent version of policies in Chapter 2 of the RSCM II should be consulted if “worker status” is an issue.
===== (2) Workers in Federally Regulated Industries =====
While working in BC, workers in federally regulated industries are directly subject to the workers’ compensation system.
===== (3) Federal Government Employees =====
Federal government employees are governed by the ''Government Employees Compensation Act'', RS 1985, c G-5 which provides that injured federal government workers in a given province are to have their claims addressed by the provincial administrative body in that province, and are entitled to be compensated at a rate determined under the provincial workers’ compensation scheme of the province in which they are employed (but paid out of a federal fund).
===== (4) Workers Who Suffer an Injury While Working Outside BC =====
Workers who suffer an injury while working outside BC may be covered if:
*a) they work in a compensable industry;
*b) BC is their place of residence and usual place of employment;
*c) the extra-provincial work lasts less than six months;
*d) the work is a continuation of their BC employment; and
*e) they are working for a BC employer (WCA s 8(1)).
===== (5) Workers Under the Age of Majority =====
Section 12 of the ''Workers’ Compensation Act'', RSBC 1996, c 492 states that a worker under the age of 19 is sui juris for the purpose of Part 1 of the Act, which means that workers who are minors are under no legal disability and are considered, for purposes of the Act, capable of managing their own affairs as if they were adults.
===== (6) Self-Employed =====
If a person is self-employed, the Board distinguishes between a principal of an incorporated company, a principal of an unincorporated business, including a family business, and a labour contractor. 
In general, a principal of an incorporated company is considered a worker and the wage rate is set accordingly.
In general, a principal of an  unincorporated business and a labour contractor are entitled to seek coverage with the Board by voluntarily registering with the Board and  paying premiums for their own work activities. This is known as “Personal Optional Protection” or POP. When a self-employed person with POP is  injured, their claim is processed as if they were a “worker” under the Act (section 33.6) and their wage rate is set according to their level  of POP coverage (policy #67.20, RSCM II). A labour contractor who does not have POP may be covered, as a worker, by the prime contractor.
The key issues in the acceptance of claims from self-employed persons tend to be the exact nature of their employment, their coverage and the appropriate wage rate. Practice Directive #C9-1 “Coverage and Compensation for Self-Employed Persons” sets out a helpful chart on the different types of self-employment and their coverage under the Act. 
===== (7) Employers =====
Employers are also covered by and have duties under the WCA, including contributing to the Accident Fund based on compulsory assessments. The Board sets an assessment rate for each employer based on a complex system of classification relating to type of business and previous accident rates. Employers should be referred to the Employers’ Advisors Office for specialized assistance, without charge, in these matters (see Appendix on [[Referrals (22) | Referrals]]).
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