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Difference between revisions of "Disability and Causation in Workers' Compensation (7:IX)"
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Disability and Causation in Workers' Compensation (7:IX) (view source)
Revision as of 19:41, 13 December 2022
, 19:41, 13 December 2022→1. Did the Injury Happen at Work?
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Injuries may be caused by the normal actions or movements involved in the workplace as opposed to an abnormal event. For example, injuries caused by overexertion or repetitive movements can still be grounds for compensation even when done during routine work (RCMS II #C3-12.00). | Injuries may be caused by the normal actions or movements involved in the workplace as opposed to an abnormal event. For example, injuries caused by overexertion or repetitive movements can still be grounds for compensation even when done during routine work (RCMS II #C3-12.00). | ||
'''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 (WCA s.134(3) [Former Act, s. 5(4)]). 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 (WCA s.134(3) [Former Act, s. 5(4)]). An accident can include someone else’s intentional act. | ||
The determination of whether an injury arose out of and in the course of employment is set out in RCMS II #C3-14.00 and can be made with reference to factors such as: | The determination of whether an injury arose out of and in the course of employment is set out in RCMS II #C3-14.00 and can be made with reference to factors such as: | ||
