You Make the Call—Employee or Independent Contractor?
One of the trickiest challenges faced by payroll is distinguishing between employees and independent contractors. Here’s a scenario illustrating the factors that apply in the context of determining whether employment […]
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A Review of Medical Surveillance In Occupational Health Programs
DATE: April 28, 2022 TIME: 11:00AM PT SPEAKER: Doug Trout Click Here to Register This session will provide an overview of several aspects of medical screening and surveillance as part of an Occupational Health […]
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Collective Bargaining In 2022
While truly an understatement, over the last two years society has undergone significant change. We have rising inflation. We have seen COVID-19’s transformational effects on public health, the economy and […]
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Raising Health And Safety Concern Real Motivation For Terminating Worker For “Poor Fit” During Probationary Period
A recent decision[1] by the British Columbia Workers’ Compensation Appeal Tribunal (“WCAT”) upheld a Workers’ Compensation Board (the “Board”) decision that determined an employer’s termination of a worker during her probationary period for […]
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Does Workers Comp Cover COVID-19? – Ask The Expert
QUESTION Can a worker who gets COVID-19 at the workplace get workers comp benefits? ANSWER It depends. EXPLANATION Since workers comp covers only work-related injuries and illnesses, workers would have to prove that they contracted […]
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Does Workers Comp Cover COVID-19 Infection?
There are literally billions of dollars riding on that question. Based on guidance from workers comp boards, the basic answer is YES, provided that the worker can prove that they contracted […]
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Potential Suicide Risks Grounds for Workers Comp Not to Pay for Medical Pot
Does workers comp have to pay for medical marijuana legally prescribed to treat a former prison guard’s work-related post-traumatic stress disordered? After ping-ponging around the workers comp appeals tribunals, a […]
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Workers Comp Doesn’t Bar Harassment-Based Constructive Dismissal Claim
Less than 2 months after an Ontario arbitrator ruled that the workers comp bar against employees suing their employers for work injuries doesn’t apply to constructive dismissal for harassment, an […]
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To What Extent are Employees Barred From Pursuing Stress Claims in Court?
Recorded Date: November 18, 2021 Time: 9:00 AM – 10:30 AM PST Speaker: Ryan Conlin Recording: To access the recording of this webinar, please go here. Historically, workers’ compensation law placed a highly restrictive definition […]
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Workers Comp Doesn’t Bar Harassed Employee’s Constructive Dismissal Lawsuit
Workers comp bars lawsuits against employers for work-related injuries; in exchange, workers get automatic coverage of work injuries regardless of who’s at fault. But does this “historic tradeoff” also mean […]
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Ontario Court Shocker Opens Door to Harassment-Based Constructive Dismissal Claims
Workers comp doesn’t bar constructive dismissal for harassment, court says. Workers comp bars lawsuits against employers for work-related injuries; in exchange, workers get automatic coverage of work injuries regardless of who’s […]
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Traffic Accident Is Work Related Even If Worker Isn’t Doing Ordinary Job Duties
An injured electrician was told she could return to work as long as she produced a doctor’s note assessing her medical capabilities. She got the letter and was in the […]
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Employers’ Duty to Re-Employ Injured Workers: Know The Laws of Your Province
How long must you keep an injured worker’s job open for a potential return to work? The workers comp laws of all but 5 jurisdictions (Alberta, BC, Saskatchewan, Northwest Territories and […]
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Workers Compensation Claims for Adverse Reactions to COVID-19 Vaccine Possible
WorkSafeBC recently published its position on COVID-19 vaccinations, making it clear that workers compensation claims related to adverse vaccine reactions can be successful. Such reactions—either injury or death—would have to […]
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Do Employers Have to Re-Employ Injured Workers? – Ask The Expert
The human rights law duty to accommodate injured workers applies regardless of what workers comp requires. QUESTION Are we legally obligated to re-employ an injured worker returning from a work injury? ANSWER Yes, if […]
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Does Workers Comp Cover COVID-19 Mental Stress?
Being forced to work during the pandemic doesn’t qualify for mental stress benefits, says BC case. When this pandemic is finally over, we may find that the mental damage is just […]
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Is It Discrimination to Make Injured Worker Undergo Additional Medical Assessment?
Medical assessment to ensure a safe return to work is not disability discrimination. SITUATION A worker with a work-related back injury undergoes a medical assessment before returning to modified light work in […]
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Unpaid Illness & Family Care Leave Rights Across Canada
Employees who contract COVID-19 or have family members that become infected or have to go into self-isolation are likely to invoke their employment standards rights to take a leave of […]
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B.C. Tables Legislation to Amend the Workers Compensation Act
On July 14, 2020, the British Columbia government introduced Bill 23 - 2020: Workers Compensation Amendment Act, 2020. Bill 23 responds to recent independent reviews of the workers compensation system […]
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What Are the 3 Primary Workers’ Compensation Claims?
Workers’ Compensation Handle Many Claims Of Which There Are Three Primary Ways Workers Get Injured. What Are They? Handling objects; discrimination; workplace violence. Slips, trips and falls; lockout, tagout; radiation. […]
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COVID-19 Relief Alphabet Soup
Just about every province has adopted some kind of COVID-19 relief program and this has created a kind of interesting alphabet soup of new programs. What's more, relief is being […]
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Waiver of COVID-19 Liability
Notice to all entrants and users if these facilities EXCLUSION OF LIABILITY - ASSUMPTION OF RISK. These conditions will affect your legal rights including the right to sue or claim […]
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Workers’ Compensation Handle Many Claims Of Which There Are Three Primary Ways Workers Get Injured. What Are They?
Workers' Compensation Handle Many Claims Of Which There Are Three Primary Ways Workers Get Injured. What Are They? Handling objects; discrimination; workplace violence. Slips, trips and falls; lockout, tagout; radiation. […]
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COVID-19 Game Plan
In the HR Insider’s Game Plan Book, You Will Receive Everything You Need to Know to Tackle the Current COVID-19 Pandemic Pandemic Plan Response and Business Continuity Measures Family and […]
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Compensation Solutions for a Bad Economy: Create Flexible but Enduring Plans
Date: April 23, 2020 The Panel of Experts: Ken Gibson, Senior Vice President of The VisionLink Advisory Group Download the Slides Below About the Webinar A Webinar for Business Leaders Seeking to Minimize the […]
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Employer’s Return-To-Work Duties
What each jurisdiction says employers must do to return injured employees to work
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The 12 Things You Need to Know about the Canada Emergency Relief Benefit
Help your employees get the CERB money they need to survive COVID-19 layoff. The EI safety net wasn’t built for the tidal wave of job losses caused by the COVID-19 pandemic. […]
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Compliance Alert: Why COVID-19 Work Refusals Will Be Hard to Justify
One of the key challenges HR directors are facing during this pandemic is how to deal with COVID-19 work refusals. We know from previous pandemics that fear of infectious illness […]
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Compliance Cheat Sheet: When Is It Safe for Workers with COVID-19 to Return to Work?
The light at the end of the COVID-19 tunnel is that more than 80% of victims recover and that preventive self-isolation and quarantine last only 14 days. Accordingly, there are […]
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Compliance Alert: The 14 COVID-19 Prevention Measures You Need to Be Implementing Right Now
If your work facility is still open and operating, you must ensure that all workers are protected against coronavirus exposure. OHS and public health officials have made that abundantly clear. […]
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