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Employer Issues
Background
Most workers’ complaints about their employer usually centre on:
- the worker’s status
- employer firing injured worker
- employer refusing to file a claim
- continuation of group benefits
- wanting to sue the employer
- taking deductions off
30. I work for a construction company. Do I have to pay my own WSIB premiums?
(Note there is now mandatory coverage for everyone working in the construction industry.)
Need evidence as to whether is an independent contractor or an employee (the WSIB policy manual has a questionnaire that can be used to determine that question)
- three types of employer coverage: mandatory (as set out in Schedule 1 or Schedule 2 to the Act), by application (eg. applications for personal coverage), or excluded (eg. those employers who are not eligible for coverage, such as professional sports teams)
- the way to find out if the employer’s industry is covered is to call the Revenue Branch of the WSIB (or to find out if that specific employer is covered)
- if the employer is in the compulsory coverage category, a worker is covered even if the employer has not paid or registered for WSIB coverage
- construction is a mandatory coverage industry
- a general contractor in construction can ask the sub-trades for proof of WSIB coverage, but only those that are true subcontractors, not employees in disguise (that proof is called a “clearance certificate”)
- without that proof, the general contractor’s WSIB coverage will cover every worker, even the sub-trades
31. My employer just fired me while I was off on compensation. They can’t do that, can they?
- no real protection against being fired under the WSIA or WCA, other than re-employment rights (but must have been there a year and the workplace must have 20 employees) – see question 36
- if unionized, may be able to file a grievance
- May have a wrongful dismissal and/or a human rights claim, and/or a claim for termination pay under the Employment Standards Act
32. My employer says I should not file for WSIB and that they will let me just sit in the cafeteria until I am better.
- Employer’s refusal to file or report is an offence if the worker’s injury required health care (more than first aid) or if it resulted in the worker being unable to earn full wages
- worker should file anyway, in case condition gets worse
- Board only needs 2 of 3 pieces of paper to start a claim: worker's report, doctor's report, employer's report
33. Will my group benefits package carry on so that I have coverage for my family while I am off on comp?
- The employer is obligated to maintain any group benefits coverage that was in place at the time of the injury for a year after the injury, so long as the worker continues to pay the worker’s contribution (if any)
34. My employer took the safety guard off the table saw I was using and I got injured as a result. I want to sue them.
- can not sue your employer if there is (or should have been) WSIB coverage
- if unsure of right to sue, determinations are made at Workplace Safety And Insurance Appeals Tribunal level
35. I see on my paycheque that my employer is taking WSIB premiums off.
- it is an offence for an employer to deduct WSIB premiums from employees
- different rules for contractors/subcontractors (as opposed to worker in an employer-employee relationship)
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