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Historically during the time of the onset of Capitalism, the worker was a subject to work when he/she was able to and not work when he was sick. The law was simple with a perhaps sharp pendulum swung to the upper class. Contemporary worker on the other hand, gets work when he/she is healthy but in case of sickness or work injury the pendulum continues to swing to the upper middle class. The majority of workers are still disposable, I guess. Only few do get the compensation, retraining and assistance with rehabilitation and entering workforce again. The Capitalistic Labour market is about 300 years old and in many cases one would say perhaps it has not changed, yet. Only after do the upper class secure income the lower class gets whatever is left over. The appeal system with WSIB/WCB still perhaps favors upper middle class pretending fairness and justness by consuming large chunk of assets perhaps belonging to the injured workers. How many steps of appeals are there, Mr &Ms politicians? Ultimately, the worker can not even challenge the decision in the court system and with great efforts of WCB staff he/she is proven his injury was non existent despite the apparent, evident, and genuine medical evidence. In my case as an outcome of my injury, I have terminally damaged tendon that does not heal and may never heal. I would like to ask WCB and the legislature: Is this oppression, exploitation or simply white collar class perpetual robbery? Alternatively, is this a phenomenon of monopoly for perhaps biased and doubtful justice? This practice is truly, genuinely, and unspeakably hurtful to the injured. INJURED AND DISPOSED WORKERS.
Currently in Canada, it is perhaps easier to get compensation for a crushed car or damaged house. Still it is perhaps near to impossible to get compensation for damaged human body due to nature of work the human did fighting WCB/WSIB. Further, the person here myself have to live the rest of my life with pain and disability. In the end, I am aiming at a conclusion that probably the money belonging to the injured workers like myself and perhaps countless others is being spent to encourage, maintain and secure ongoing highly paid employment and support to the upper middle class white collar workers (case managers, review officers, physicians, other auxiliary staff and lawyers, not even counting abundance of staff in the disability management of my employing agency).
Here is the essence of mistreatment of injured and sick workers.
Federal Public Judicial Inquiry into Wrongdoing by Workers Compensation Boards Across Canada936 Signatures
Published by Canadian Injured Workers Society on Jun 15, 2008
Category: Human Rights
Region: Canada
Target: Government of Canada - TO THE HOUSE OF COMMONS IN PARLIAMENT ASSEMBLED
Web site: http://ciws.ca
Background (Preamble):
*** NOTE*** The CIWS HAS ALREADY RECEIVED 668 SIGNATURES ON OUR OLD PETITION BEFORE WE MOVED OUR PETITION TO GoPetition FOR TECHNICAL REASONS - all previous signatures are recorded and stored. Thank you to all who signed previously on our website.
The Canadian Injured Workers Society is calling upon
ALL CONCERNED CANADIANS
to please sign this petition calling for a
FEDERAL PUBLIC JUDICIAL INQUIRY into
WRONGDOING BY
WORKERS COMPENSATION BOARDS ACROSS CANADA
(ANYONE may sign this petition. It is NOT restricted to injured workers only.)
PREAMBLE:
The Federal Government of Canada is under international treaty obligation to ensure that workers compensation is being provided to Canadian workers. The North American Free Trade Agreement (NAFTA) stipulates* that the signatory countries must uphold "high labor standards" and includes in this, "compensation in cases of occupational injuries and illnesses" (*under its side agreement NAALC, the North American Agreement on Labor Cooperation).
IN ADDITION, the Federal Government of Canada is under international treaty obligation to ensure compliance with the United Nations Convention on the Rights of the Child - specifically Part1, Articles 19, 26, 27, 36 encompassing provisions such as ". . . effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child"
and
". . . appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing"
IN ADDITION, the Federal Government of Canada is signatory to the UN Convention on the Rights of Persons with Disabilities
THEREFORE:
The Canadian Injured Workers Society is calling upon ALL CONCERNED CANADIANS to sign the following petition calling for a FEDERAL PUBLIC JUDICIAL INQUIRY INTO WRONGDOING BY WORKERS COMPENSATION SYSTEMS ACROSS CANADA.
Petition:
PETITION
TO THE HOUSE OF COMMONS IN PARLIAMENT ASSEMBLED
We, the undersigned residents of Canada, draw the attention of the House to the following:
THAT
systemic misconduct by Workers Compensation Boards and Appeals Commissions across Canada relate to specific sections of the Criminal Code of Canada and the Charter of Rights and Freedoms such as (but not limited to) discrimination, harassment, intimidation, fabrication of evidence, fraudulent misrepresentation, fraudulent concealment, omission of duty, misappropriation of money held under direction, criminal negligence, extortion, disobeying an order of the court, disregarding presumption of innocence and subjecting injured workers to cruel and unusual treatment;
THAT
misconduct by WCBs violates section 7 of the Charter that "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice" by leaving injured workers and their families susceptible to the ravages of poverty;
THAT
WCBs routinely put the burden of proof upon injured workers contrary to WCB Act legislation that gives presumptive status to injured workers thus forcing an adversarial system upon injured workers contrary to the WCBs' duties under Administrative Law and contrary to the Charter of Rights and Freedoms section 15(1) that "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination" ;
Our Government Inaction on Pension matters borders on Criminal Disrespect to Fellow Canadians who trusted the system and were hopeful that our duly elected politicians would safeguard our system against the hoodlums of Finance and Business!
Where are you now, when we need you?
A 75 year old disgruntled NORTEL pensioner
It appears the liberals have accepted the need to protect pensions so it would be easy for the conservatives to pass pension protection legislation. As a retiree with an underfunded defined benefit pension why should I live in fear of losing part of my pension, or in the case of Nortel possibly all of it. As a contributor to the pension fund for 32 years as part of my work contract why should I see that contract broken. The pension was defined as a condition of employment and not an option, so how is it that a possible change to that pension could occur after retirement? We all budget to a lesser or greater extent but when the pension is reduced arbitrarily our future lives are seriously jeopardised. It is time for the government to listen to grey power.
From the poll so far, it looks like the question about pensioners is the most important - as it should be for all Canadians.
CBC: Please do NOT allow the federal MP whom you interview to cop out by deferring the question to the Province of Ontario. The federal government has the power and authority to change the Bankruptcy and Insolvency Act and any other related federal acts concerning bankruptcies and bankruptcy-protection. The polled question is for the federal government. Please clearly show that the onus is on the Canadian government to fix this travesty and immediate action is required from them.
Thank you.
Our guys are coming back in body bags while mainly the media concerns itself with the treatment of prisoners?
Cut throats, murderers, thugs, thieves,killers of innocent people, women and children? These are not boyscouts.
I propose establishing our own "Guantanamo" somewhere in our high arctic
and keeping captured bad people up there.
As for the media making much ado about nothing I say pull your
heads out of your asses.
Worked for 35 years.Paid in pension for that period. Find out now that it's
underfunded. At age 70 very few options available if pension lost or reduced.
Goverment established rules and guidelines for present system. They need to
get off their butts and help protect to people who are most vunerable
While all the questions are relevant, the one that comes closest to home for me (an outraged Nortel pensioner) is the disgraceful lack of legislated protection for our unfortunate pensioners. It is almost incredible that Canada is way behind other counties, including the US and the UK in providing such protection. Wake up voters!
If I should lose my company pension, my wife and I would clearly be living below the poverty line. For the many pensioners and those in the future who are/would be in the same situation, it is imperative that the Harper government give this the highest priority.
Pension reform through changes to the Federal Bankruptcy and Insolvency Act [BIA]{which was before the House at the time of Harpers' order to close parliament}, should be supported by all Canadian workers,and pensioners, to prevent us from being unsecured under bankruptcy protection.
Protection of retiree's pensions is the top priority issue which should be combined with the "phabtom income" taxable benefit issue as many pensioners face double jeopardy.
If Nortel shares are deemed to be delisted then many Nortel pensioners could have taxes on phantom income come due this year in addition to possibly having their pensions cut by 30% or more.
The Afghanistan prisoner conundrum is a good bellwether for the actions of the Harper government - it may not have a much effect as some of the other (what have been called 'sexy') issues, but it shows how Harper "diss'es" Parliament - democracy in general, and prefers to rule rather than govern.
Having no answer to fundamental economic troubles he did the same thing last year. Running away is not the action of a responsible government.
Last year alone about 10000 WCB claims in my province were denied than equals about 7.3%. And my question is why? Was the process thoroughly investigated to rule out injuries using up to date medical test such as CTs, MRIs, and Ultrasound (US)? The system admits about 1% fraud. Then, as an outcome about 6.3 % of denied but likely legitimate claims do not get compensated. Undoubtedly, we can not work our jobs with all this pain and suffering. Some effects of our injuries persist for life. How we suppose to support ourselves? How come WCB can be that wrong? The margin of error is very wide and I an convinced this margin of error is not justified by random human omissions. One could perhaps admit that this margin of error needs both substantial and immediate remedy. Has anyone ever audited accuracy and fairness of WCB officials? Has anyone done any research what these injured and not compensated workers were doing? How they feed themselves and their families? What is the health care cost for their depression possible their social problems and effects on their children? How many of homeless people in Canada are injured and disabled workers? I am genuinely afraid that in the end of the day the society may end up paying more for not compensating injured workers adequately. Additionally, there were some law suits filed that WCB officials manipulate (ignore, hide) injured workers medical data. Has anyone audited and investigated some of the reviews, check compliance with the WCB legislation, and perhaps find some WCB official that could be obstructing fairness/justice? Should these officials be accountable under the law? You may ask many more questions, I guess.
Many workers say this change is long overdue. In the 21st century we will not build barricades and fight with guns and grenades. However, some did indeed on October 21, 2009 in Edmonton and the system does not really acknowledge and investigate the very origin of the action but imposes the very customary and old fashion punishment as in 18th century. No shots were fired! Therefore, the protester showed a great deal of undeniable, mature, and worthy 21st century humanity. However, the system still fails to keep up with up to date this very development of humanity in ensuring fairness and justice in processing WCB claims. Are parts of Canadian legislation are still arrested in 19th century of development? Many of us injured workers say that WCB Act and compliance with this act is still not up to date. Well, one may ask who should be ashamed here. Then, we have nothing left but tirelessly fight with words and petitions exposed to public opinions until our right will be considered, recognized, and justly compensated as outlined in the WCB Act and other legislation. Alternatively, Canada may witness more violence created by desperate, abused and perhaps almost driven to insanity neglected injured workers. Does anyone want to witness, experience and endure real violence as an outcome of the deeply unfair, faulty, manipulative, and corrupted processing of claims for compensation for work related real life body injuries?
We all injured workers keep asking for a federal inquiry/audit of the WCB's wrongdoings. When is this inquiry going to happen? Do we need to fire real shots, indeed? Shame on you......system!
Why workers can not challenge any decision somewhere in the WCB appeals and reviews chain in the court? It is extremely frustrating to go through a poverty cycle for many years. In my case, I have to wait 3 years for the benefits until all the timely appeals and reviews are done. I would perhaps take the matters to the court and receive fair and just decision a lot sooner. Unfortunately, WCB still has and continues to secure both sole and everlasting monopoly on justice, indeed.
The several issues are outstanding:
I. Should WCB official be held responsible and punished for manipulating and ignoring medical evidence when they deny claims?
II. Should be so many discrepancies among WCB officials when decision making on claims?
III. Should WCB set out both modern and standard guidelines and medical tests in investigations of work related injuries?
IV. Should WCB comply with the WCB Act and its very purpose in dealing/punishing employers and accept/reject meritless and vexatious appeals from these employers?
V. Should the process of appeals and reviews be that long, should WCB look at decreasing costs of processing claims and reviews?
VI. Does WCB have has monopoly on justice?
IS WORKSAFEBC and other WCBs/WSIBs TOO AUTONOMOUS?
More than two million B.C. workers are covered by WorkSafeBC. In 2005, 188 workers were killed on the job. In 2006, 173,014 claims were registered. About seven per cent were disallowed. Total claim costs in 2006 were $1.26 billion. Administration costs for 2005 were $363.6 million. Each year, newspapers and politicians receive dozens of calls from workers who feel unjustly treated by WorkSafe. WorkSafe's arm's length status from government allows it to be investigator, judge and appeal court. Well, all in one entity, great deal! Many would claim the existing framework may limit fairness.
Perhaps, the safety at workplace is improving because 128,442 claims were accepted in 2008. However, 7.3% of claims were denied in 2008. Is unfairness going up? Some sources report possible 1% fraud. Then, about 6.3% of likely legitimate claims do not get compensated at all. About 10000 injured workers in BC in a single year have no means of supporting themselves because of work injuries. In the end, these workers end up on Canada Pension Plan disabilities. WCB is founded mainly by large corporations. And here large corporations perhaps excuse themselves to pay for workers’ injuries pushing the responsibility of supporting injured workers by all taxpayer funds.
In 2008 there were 721 claims that were determined to have misrepresentations or
omissions that were identified through WorkSafeBC's operational and investigation
systems.
There were 2 new charges laid by Crown in 2008 that were not resolved in that year and one court conviction from a file that was initiated in 2007.
Only 2 people were charged in 2008 in BC by the Crown for frauding Worksafe BC. Are you affected by WCB or know anyone who is affected? What are your comments?
OK Canada , I worked for over 30 years paying a third of a million dollars in taxes to all levels of government.
Please vote for the pension plan question. The cons can fix that right now if they chose to because the libs have already hi-lighted the pension plan .
Yes , I know the chances are slim because the provinces and the senate can easily defeat it , but think of it this way. My pension will continue to pay taxes in Canada , rather than the US or the UK if the pension system continues as it has for the last thirty years.
What the parliament would do to finish or at least muzzle WCB and similar dirty tricks to deprive workers due compensation. About 6%-6.3% of legitimately injured workers do not get compensated. This number constitutes for about 1 billion dollars a year across Canada that are taken from the sick and poor to the rich. The disadvantaged numbers are higher every year. What the legislature has done about it so far?? And what the legislature is going to do? Whistle blowers like us get harassed by WCB to keep quiet. When this is going to end?
I only live on my late husband pension and government cpp pension I hope it will stay the same way because Canada won't give me job.
I care equally about the prorogation of Parliament but I am so upset about the handing over of Afghan prisoners for torture. This was so inhumane, so unCanadian. And too many of us care for this issue to be silenced!
How will the Federal Government protect workers and address the coming poverty to people who are losing their pension. or do they not care about the people they are hurting by shutting down parliament.
I watched the story on the Fifthestate last night and am appaled and disgusted at the way corrections Canada handeled the girl that was involved in the story. The people at the institution where this girl died should be bought before the courts and charged as murders and sent to jail.
why not do a story about the medical marijauna fiasco at health Canada, the fact that the Parker and Hitzig ruling effectively struck the prohibition of marijuana down as unconstitutional, and the fact that our fascist government is looking to further subsidize organized crime and further suppress civil rights and liberties by imposing mandatory minimum jail sentences for growing a single pot plant.
do stories on that! This prohibition can only last as long as the media-addled public goes along with it.... so inform them!!!
This recession is far from over CEO Salaries are going through the roof, we have a jobless recovery. Our political leaders besides raging about the unjustified lockout of Parliament need to focus on issues which are hurting people each and every day. Nortel workers, pensioners and longterm disabled people in particular, face a bleak future no matter when Parliament resumes. The Conservative Government has had a free ride on the whole Nortel question, they say it is really a provincial matter. This is just not good enough and Nortel may be just the tip of the iceberg. I urge people to give this question support and I ask CBC to remember the people who stood on parliament hill in October and were ignored by the Government of Canada.
This is the base question to start the discussion about prorogation of parliament. We need to know why the PM decided to prorogue the house as it is patently obvious that it is not to rethink his agenda. It would be wonderful to think that this government could do more that one thing at a time!
The answers to the other questions listed are also very inportant to Canadians and it is unfortunate that we have to chose between them ... couldn't we prioritize them and report them one after another with a synopsis at the end??
I think it is the media that is spurring the opposition on to keep this Afghanistan prisoner file in the public eye, I do not believe the opposition cares as much about the Afghan prisoners as it does about making every bit of noise they can to undermine the Prime Minister,
The CBC has turned into a bunch of muckrakers,even when no problem exists. The one exception is Evan Solomon who does a good job and does his best to be fair to all parties. I now believe that Peter Mansbridge just delights in stirring up complaints against the Governing party. Terry M. is the most negative journalist within the CBC.
Do we need a whole new catastrophe to get you folks to find a new topic on which to report???