This being the first paper of 2009, now that we’ll be putting out our newspaper every second month, I’d like to wish the membership a Happy New Year!Hope all went well over the festive season and that Santa brought you all your wishes.
In recent conversations with some of our members, I was surprised to hear how misinformed some of our members are on how the WCB affects them.Most of the misinformation pertains to the changes to the WCB Act and the impact it has on injured workers.
In this month’s article, I will attempt to explain and bring people up to date on what has happened to the WCB system over the last few years and how it impacts you as an injured worker when you file a claim.After reading this article, you are welcome to call me if further clarification is needed.
In the early 1900's, WCB was established to assist injured workers with disability claims suffered in the workplace, help them with rehabilitation and training, and get them back into the workplace.Also, it was established to prevent injured workers from filing lawsuits against their employers for workplace injuries.
In 2002, the government of the day, the newly-elected Liberals under the leadership of Premier Gordon Campbell, made sweeping changes to the WCB which is now known as WorkSafe BC.Since 2002, substantial changes have been made to the laws and policies that govern the worker’s compensation system in BC that directly affects every injured worker filing a claim to this day.
These changes were based on the Board’s view that they were in financial trouble and by employer’s lobbying the government that the system had become economically unsustainable and asking for a reduction in assessment fees.While the premise amounted to a myth, the fact is that the changes were real and profound and based upon no discernable principle, but at a significant cost to workers benefits and treatment under the system.
The combination of legislative amendments, policy revision and structured changes have resulted in:
1.Reduction to benefits rates from 75% of gross income to 90% of net income, resulting in the injured worker receiving less;
2.Restrictions on compensation for permanent chronic pain, to a maximum of 2.5% no matter how severe the pain;
3.Decrease in functional pensions, smaller disability awards and pensions only paid to age 65 and not for the balance of the injured worker’s life;
4.Virtual elimination of vocational rehabilitation assistance;
5.Unfriendly and inaccessible appeal processes that have become technical, complicated and difficult to understand, together with a worsening “culture of denial” throughout the appeal process;
6.Loss of earnings pensions eliminated.Prior to 2002, the WCB awarded an average of 970 loss of earnings pensions per year.After the new policies took effect, and, based on a similar number of permanently injured workers (about 1500 per year, in 2006, there were 39 loss of earnings pensions and 60 in 2007.The effect of the new policies have reduced loss of earnings pensions by well over 90%.
Another alarming statistic is the surplus dollars which keep growing each year due to the denial of so many claims.Despite declining employer assessments, the WCB has a growing surplus.In 2005, the Board had a surplus of $474 million and that grew to $984 million in 2006 and grows bigger each year.
These are just some of the facts as a result of the changes made in 2002 on the backs of the injured worker.So, tell me, who benefits from WorkSafe BC?Is it the injured worker or the employer with their reduced assessments or the case managers who decline the claims and receive substantial bonuses at the end of the year?This is criminal and has to be stopped.
Entitlement to compensation or workplace injuries should be paid regardless of fault.There should be security and speed of payments for compensation benefits without need of court-like process which causes long delays in receiving benefits.
Compensation and rehabilitation of injured workers, along with the prevention of workplace injuries is the foundation of the workers compensation system and costs of that system should be borne by employers/industry.Injured workers and their dependents should be entitled to full compensation for loss of earnings and earnings capacity caused by workplace injury, conditions, or disease.All injured workers are entitled to be treated with dignity and respect throughout their dealings in the process of the compensation system.Pressure must be put on the government to make changes to WorkSafe policies as to what they were prior to 2002.I ask all of you to write to your MLA and have them put pressure on the Liberal government to make these changes.
Meanwhile, I ask you to work safe and report all injuries right away! even if you think it was minor.Protect yourself from being a victim of the system because guaranteed, you will not like the experience of going through appeals .The reality is that a denial of a claim and denial of a loss of earnings pension can mean poverty for the injured workers.The alternative , if WorkSafe BC continues to deny claims at the rate they are doing, is to make employers/industry accountable for their employees.
Newspaper 
