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Difference between revisions of "Worker Status for Workers' Compensation (7:VIII)"
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Worker Status for Workers' Compensation (7:VIII) (view source)
Revision as of 21:02, 13 December 2022
, 21:02, 13 December 2022→F. Self-Employed
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Section 121 of the WCA [Former Act, s. 12] states that a worker under the age of 19 is sui juris for the purpose of Part 3 of the Act [Former Act, Part 1], 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. | Section 121 of the WCA [Former Act, s. 12] states that a worker under the age of 19 is sui juris for the purpose of Part 3 of the Act [Former Act, Part 1], 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. | ||
== F. Self-Employed == | == F. Self-Employed Persons == | ||
If a person is a self-employed proprietor or partner in a partnership who operates an independent business then they are not automatically covered under the WCA. In general, they are entitled to seek coverage by purchasing optional workplace disability insurance, also known as Personal Optional Protection. Personal Optional Protection will pay health care, wage-loss, and rehabilitation benefits if the person is injured at work. See Assessment Manual Policy Item 1-4-3. | If a person is a self-employed proprietor or partner in a partnership who operates an independent business then they are not automatically covered under the WCA. In general, they are entitled to seek coverage by purchasing optional workplace disability insurance, also known as Personal Optional Protection. Personal Optional Protection will pay health care, wage-loss, and rehabilitation benefits if the person is injured at work. See Assessment Manual Policy Item 1-4-3. | ||
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* The contractor supplies labour and minor materials such as nails, drywall tape, or putty | * The contractor supplies labour and minor materials such as nails, drywall tape, or putty | ||
* The contractor supplies labour and a piece of major equipment but is not registered with WorkSafeBC | * The contractor supplies labour and a piece of major equipment but is not registered with WorkSafeBC | ||
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. | 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. | ||
== G. Employers == | == G. Employers == | ||