Difference between revisions of "Introduction to Workers' Compensation (7:I)"

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Introduction to Workers' Compensation (7:I) (view source)

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The WCA is a provincial statute creating a regulatory body called the Workers’ Compensation Board (Act, s. 318 [Former Act, s. 81]). Since 2003, Workers’ Compensation Board does business under the name of “WorkSafeBC” and is referred to as “the Board” or WCB in this section.  The Board has exclusive jurisdiction over compensation to injured workers for workplace injuries, amongst other duties.   
The WCA is a provincial statute creating a regulatory body called the Workers’ Compensation Board (Act, s. 318 [Former Act, s. 81]). Since 2003, Workers’ Compensation Board does business under the name of “WorkSafeBC” and is referred to as “the Board” or WCB in this section.  The Board has exclusive jurisdiction over compensation to injured workers for workplace injuries, amongst other duties.   


Some of the earliest forms of workers' compensation started with pirates in the pre-Revolutionary Americas.  A pirate who lost an eye was entitled to 100 pieces of eight, roughly one year's pay.[http://www.insurancejournal.com/blogs/academy-journal/]  With the industrial revolution, more evolved workers' compensation schemes followed in Europe and eventually spread back to North America where they are now mandatory across Canada and the United States.
Some of the earliest forms of workers' compensation started with pirates in the pre-Revolutionary Americas.  A pirate who lost an eye was entitled to 100 pieces of eight, roughly one year's pay.[http://www.insurancejournal.com/blogs/academy-journal/]  With the industrial revolution, more evolved workers' compensation schemes followed in Europe and eventually spread back to North America. They are now mandatory across Canada and the United States.


Today’s workers’ compensation schemes, including BC’s, are based on the historic trade-off: employers fund a no-fault insurance scheme for injured workers, to compensate them and assist in their medical treatment, vocational rehabilitation (retraining), and pension for a disability.  In return, workers give up their right to legal action against their employer for work-related injuries and occupational diseases (WCA s 127; [Former Act, s. 10(1)] 10(1)).  Ideally, this approach offers several benefits.  It takes workplace injury claims out of the courts, reducing clutter for them and cost and delay for the workers.  It gives greater certainty of coverage to workers and streamlines the compensation process.  Finally, like any insurance scheme, it spreads losses amongst employers and eliminates the concern about ruinous claims. It also provides coverage regardless of fault.
Today’s workers’ compensation schemes, including BC’s, are based on the historic trade-off: employers fund a no-fault insurance scheme for injured workers and, in return, workers give up their right to legal action against their employer for work-related injuries and occupational diseases (WCA s 127; [Former Act, s. 10(1)]).  This approach offers several benefits: it takes workplace injury claims out of the courts, minimizing the use of scare judicial resources as well as limiting cost and delay for the workers; it gives greater certainty of compensation to workers and streamlines the compensation process; and, like any insurance scheme, it spreads losses amongst employers,  eliminates the concern about ruinous claims, and provides coverage regardless of fault.


Aside from compensation, The Board's other duties consists of:
Aside from compensation, The Board's other duties include:


'''Regulation of Occupational Health and Safety (OH&S):''' In BC, the Board is responsible for workplace health and safety regulations, investigations, and enforcement as set out in Part 2 [Former Act, Part 3] of the WCA and in the ''Occupational Health & Safety Regulation'', BC Reg 296/97 (the '''“OH&S Regulation”'''). While most enforcement orders and penalties are against employers for safety violations, orders may also be issued against workers.  Under the WCA, workers are entitled to refuse unsafe work and to be protected from retaliation for reporting unsafe work practices.     
'''Regulation of Occupational Health and Safety (OH&S):''' In BC, the Board is responsible for workplace health and safety regulations, investigations, and enforcement as set out in Part 2 of the WCA [Former Act, Part 3] and in the ''Occupational Health & Safety Regulation'', BC Reg 296/97 (the '''“OH&S Regulation”'''). While most enforcement orders and penalties are against employers for safety violations, orders may also be issued against workers.  Under the WCA, workers are entitled to refuse unsafe work and to be protected from retaliation for reporting unsafe work practices.     


'''Employer  Assessments:''' The WCA grants specific powers to the Board to set rates and collect assessments from employers to create an Accident Fund.  The Accident Fund must be sufficient to finance the compensation system and each employer is assessed annually based on a complex formula (see below).  The WCA requires the Board to operate a fully funded system.   
'''Employer  Assessments:''' The WCA grants specific powers to the Board to set rates and collect assessments from employers to create an Accident Fund.  The Accident Fund must be sufficient to finance the compensation system and each employer is assessed annually based on a complex formula (see below).  The WCA requires the Board to operate a fully funded system.   
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