Accident Reporting and Injury Compensation in POLAR

May 2020

Introduction

At least two distinct and separate procedures and reports are required where there is an accidental injury in the work place. Some confusion exists because of the overlap of these two reports.

When a work related accident occurs, after providing first aid or medical aid to the injured worker(s), the employer must:

• first conduct an accident investigation to determine the causes of the accident, and
• implement corrective measures to prevent a recurrence and make the workplace safer.

The other reporting stream is for compensation purposes and is injury oriented. This ensures an injured worker:

• receives compensation for loss of earnings and medical expenses, and
• is provided with return to work alternatives.

Definitions

First Aid Injury: any injury for which first aid is provided at the workplace without the need to get medical treatment at a medical facility, such as a hospital, clinic or doctor’s office.

Minor Injury: any employment injury or an occupational disease for which medical treatment is provided and does NOT result in time loss after the day of the injury. [Note: Medical treatment is that which is provided at a medical treatment facility, which means at a hospital, medical clinic or physician's office at which emergency medical treatment can be dispensed and is not to be confused with first aid.]

Disabling Injury: any employment injury or an occupational disease that results in either time loss, or modified duties after the day the injury occurred. This does NOT include the day of the injury. Disabling injuries can be either temporary (sprained wrist), or permanent (severed limb), depending on whether or not the employee is expected to make a full recovery.

Workplace: the workplace is anywhere the employee is engaged in work for the employer, not just the physical location such as the CHARS Campus or the offices at 170 Laurier in Ottawa. This includes locations where POLAR has no control over the workplace but has control over the activities of employees, such as field work, working from remote locations, teleworking, attending meetings and training sessions at various locations, and while on pre-approved travel status.

NOTE: for the purpose of this document, the terms Accident and Hazardous Occurrence are synonymous.

Accident Investigation, Recording and Reporting

The employer is responsible for establishing and disseminating appropriate departmental directives and instructions concerning the procedures for notification of occupational injuries or illnesses.

NOTE: In POLAR, this is the responsibility of the Director of Facilities Management, who is responsible for developing a “corporate”, i.e. overarching, OHS Program for POLAR.

Legislative Requirement

The purpose of Part II of the Canada Labour Code is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment.

The employer obligation to investigate all accidents is addressed in Section 125(1)(c) of the Canada Labour Code Part II

• “investigate, record and report in the manner and to the authorities as prescribed all accidents, occupational diseases and other hazardous occurrences known to the employer” and
• in Part XV Hazardous Occurrence Investigation, Recording and Reporting of the Canada Occupational Health and Safety Regulations (COHSR).

It is important to know what needs to be done in the event of an accident or occupational illness. Once the injured or endangered parties have been looked after, the place where the incident happened must be secured for investigation purposes and anything related to the incident must be left undisturbed. The investigation determines what steps need to be taken to prevent a recurrence.

Who is the “employer”?

For the purpose of investigating and reporting accidents and injuries, the employer responsibilities are normally carried out by a manager or supervisor to whom an injured employee reports.

For more serious injuries such as those listed under “Reports within 24 hours”, a director or an employer representative at a higher level may wish to ensure the reporting requirements have been fulfilled by a manager or supervisor reporting to them.

All Accidents must be investigated

All accidents, occupational illnesses and other hazardous occurrences affecting any of the employer's workers must be investigated by a qualified person. The investigation should identify the causes of the occurrence so that the employer, in conjunction with the workplace OHS committee, can take the necessary measures to prevent a recurrence.

The employer must designate a qualified person (a person who, because of experience and/or training, is qualified to investigate accidents) to properly investigate, record and report hazardous occurrences. Workplace OHS committees are required to participate in investigations and to provide comments on the employer's investigation report.

The employer is required to maintain an accurate record of the date, type of injury, etc., for all injuries that involve first aid only, that is, those which do not require the services of a medical doctor.

Details concerning first aid records can be found in Section 16.13 of Part XVI First Aid of the Canada Occupational Health and Safety Regulations.

Employers are reminded that first aid injuries should not be reported to ESDC-Labour Program.

All hazardous occurrences, except first aid injuries, must be reported to the Labour Program on form LAB1070 Hazardous Occurrence Investigation Report.

Reports within 24 hours

The employer must report to the Labour Program by telephone, telex or fax as soon as possible but within 24 hours after becoming aware of an occurrence that resulted in:

• death of an employee (even if it appears to be from natural causes)
• permanent disabling injury of an employee, or temporary disabling injury of 2 or more employees from the same occurrence
• permanent impairment of a body function of an employee
• an explosion
• damage to a boiler or pressure vessel that results in fire or rupture of the boiler or pressure vessel
• damage to an elevating device that renders it unusable, or a free fall of an elevating device

Authorization may be required from a health and safety officer of the ESDC Labour Program before disturbing an accident scene where an employee has been killed or seriously injured. All Labour Program offices have an after-hours emergency telephone number that can be used to contact a health and safety officer.

Reports within 72 hours - (to the workplace OHS committee)

In addition to the 24 hour report to the ESDC Labour Program, where a boiler or pressure vessel, or elevating device is damaged, the employer must record in a log within 72 hours a description of the occurrence including date, time and location. The record must include the causes of the occurrence and the corrective measures taken or the reason for not taking correctives measures. The employer must immediately send a copy of this record to the workplace OHS committee.

Reports within 14 days - (to the ESDC Labour Program)

The employer must also report in writing to the ESDC Labour Program, within 14 days, occurrences that resulted in:

• disabling injuries (temporary or permanent)
• electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness
• rescue, revival or other similar emergency procedures
• a fire or an explosion

Annual reports by 1st March

The Employer’s Annual Hazardous Occurrence Report

Each year, all employers are required to submit to the Minister of Labour the Employer's Annual Hazardous Occurrence Report (EAHOR) (LAB 1009) by March 1st for the 12-month period ending December 31st, even if there have not been any hazardous occurrences. This report primarily asks for the total number of disabling injuries, minor injuries, deaths, occupational diseases and other hazardous occurrences that have occurred in the past year.

The Employer's Annual Hazardous Occurrence Report (LAB 1009) can be submitted electronically or by mail:

• by email
• by data gateway if available
• by mail to:
  • EAHOR
    ESDC Labour Program
    PO Box 5003
    Moncton NB E1C 8R5
• Telephone: 1-800-641-4049

Annual Workplace Health and Safety (OHS) Committee Report

Each year the chairperson(s) of the employer's workplace OHS committee must send to the regional Labour Program office, the Work Place Committee Report (LAB 1058) by March 1st for the 12-month period ending December 31st. This report includes the number of minor and disabling injuries, and the number of investigations in which the committee has participated.

Record Retention

All records of hazardous occurrences, with exception of the log of first aid injuries, including the employer investigation reports (including police reports), and the employer annual reports to the Minister, must be kept by the employer for a period of 10 years as per section 15.11 (a) and (b) of Part XV Hazardous Occurrence Investigation, Recording and Reporting of the Canada Occupational Health and Safety Regulations.

The log of first aid injuries must be kept for a period of two years as per section 16.13(3) of Part XVI First Aid of the Canada Occupational Health and Safety Regulations.

Injury Compensation – How to claim compensation for a work related injury

Employees

If you are an employee and are injured in an accident at work or develop an illness caused by your work, it is your responsibility to take the following steps:

• Quickly seek first aid. Get medical aid if required.
• Tell your supervisor immediately. If you have to seek medical treatment outside of working hours, notify your employer as soon as possible.
• Give your employer as much detailed information about the accident or illness as you can.
• Work with your employer to file a compensation claim as soon as possible. Ensure that you both agree on the details that describe the accident or illness. If your description differs from your employer's, include your version with the claim, and your comments about the employer's version.
• Attend and keep a record of all medical appointments and treatment programs recommended by your doctor and by your workers' compensation agency case manager.

Eligibility

If you are injured while on the job or become ill because of your work you may be entitled to compensation for expenses such as:

• loss of earnings
• medical care, and
• rehabilitation costs

Employees of the Public Service of Canada, including those of Crown corporations and agencies, are eligible for the benefits provided by the Government Employees Compensation Act (referred to as the Act) with respect to personal injury resulting from an accident or an occupational disease in the course of employment.

Dependants of an employee who dies from a work related accident or disease are also entitled to benefits.

Workers' compensation for occupational injuries and diseases is an employee's right, not a privilege, and it is the responsibility of the employer and ESDC Labour Program to see that this right is protected.

Employee rights

Employees have the right to:

• choose their own doctor,
• file for compensation,
• get help to return to work and overcome disabilities as a result of a work-related injury or illness, and
• request an impartial investigation if there is a disagreement with the way the employer described the accident.

Right to choose doctor

An injured employee has the right to choose a doctor for the required treatment, but once the choice is made it must be adhered to. Permission to change doctors must be obtained in writing from the provincial workers' compensation authority.

Compensation Services

The Government of Canada uses provincial workers' compensation agencies to provide compensation services and manage cases for federal employees. This is administered by ESDC-Labour Program Federal Workers Compensation Service (FWCS).

The FWCS receives, reviews and forwards claims from employees of federal departments and agencies to the appropriate provincial authority.

The FWCS remains involved until each claimant's case has been settled. A file is maintained on each claim and other records are kept for accounting and statistical purposes. A general advisory service is provided to employees as well as to employers, on the interpretation and application of the legislation.

Once a claim has been approved by the Ontario WSIB or the Alberta WCB, a case manager is appointed to manage the claim and keep in touch with the worker and employer as required.

If you have questions about compensation for workplace injuries or illnesses, you may contact the Federal Workers Compensation Service.

Employees on travel status

Employees are covered by the Act whenever they are travelling on duty, in Canada or abroad, as long as they are engaged in work for their department or agency at the time of injury. A compensation claim is handled by the province in which the worker is usually employed.

Disallowance of claims

The most common reasons for disallowing a claim are the following:

• It is not clearly shown that the disability is the result of an accident, or occupational disease.
• The injury or occupational disease reported did not arise out of and in the course of employment.
• A description of an accident is given, but the disability is not the result of it.
• The injury reported is not substantiated by medical evidence.

The employer will be informed by the FWCS or a provincial workers' compensation board of the decision. The question of eligibility for compensation can be determined only by the workers' compensation authorities. Departmental officials do not have any adjudication authority.

Rehabilitation services

Federal government employees are eligible for rehabilitation services provided under the Provincial Acts. These services include medical treatment and, in some provinces, vocational rehabilitation, with retraining for other work, in cases where the injury leaves the employee with a permanent disability that makes it impossible for him or her to resume his or her former occupation. Where desirable and feasible, there is specialized training in academic and commercial fields.

Occasionally an injured employee is physically incapable of resuming usual duties because of injuries resulting from the accident. If the disability is temporary, every effort should be made, as soon as he or she is well enough, to assign the employee to work that is within his or her capabilities until such time as he or she is able to resume pre-accident duties. If the employee is permanently incapacitated to an extent that will not permit resumption of former duties, he or she should be assisted in every way to obtain work appropriate to his or her remaining capabilities.

Workplace accidents caused by a third party

Sometimes a workplace accident is not caused by an employer. For example, someone could be hit by a car while at work. In this case, the person or company that caused the accident is called a third party. If a work injury was caused by a third party, the employee (or in the case of the employee’s death, their dependants), has two options:

• claim compensation under the Government Employees' Compensation Act or
• sue the third party for damages

An employee cannot claim compensation AND sue the third party.

If an employee chooses to sue the third party for damages and the court awards them money, or if the employee agrees to an out-of-court settlement* for an amount of money that is less than the compensation they would normally receive under the Act, then the employee may be entitled to collect the difference between the two amounts. (*The Minister of Labour must approve the settlement for this to happen.)

If an employee chooses to claim compensation, the Government of Canada may take legal action in their name against the third party.

The employee or his/her dependants have up to three months after the accident to decide to make a compensation claim or sue the third party.

Employer responsibilities

The employer must:

• report to the FWCS any occupational injury or illness that requires medical care beyond first aid, or that results in time off work; and
• work with federal and provincial authorities to make sure that a claim is processed quickly and properly.

To enable the FWCS to do its job effectively, the employer must report within three days all injuries involving medical attention or lost time. The FWCS determines whether the employee is covered under the Government Employees Compensation Act and obtains required information on employee status. Claims are checked immediately for accuracy and completeness, countersigned, then forwarded to the appropriate provincial workers' compensation authority. The compensation authority decides whether the disablement is the result of an occupational injury or disease, and determines the benefits to be provided.

Immediate attention

Employees who are injured should be given first aid and/or medical care to minimize the severity of the injury.

Should the employee need to be transported to a medical facility, transportation will be provided by the employer. If an ambulance is required, the employer pays for the cost of this service.

Reporting injuries

Injuries must be reported on the compensation form prescribed by the workers' compensation board of the province where the injured employee is usually employed.

If the employer does not agree with the details of the accident as stated by the employee, the employee's version must appear in the compensation form, but should be accompanied by appropriate comments regarding the employer's view of the circumstances. In addition, the employer may request an impartial investigation by the provincial compensation board.

All compensation forms must be signed by the supervisor, or other responsible person in charge who has first-hand knowledge of the occurrence.

Compensation Report Forms and where to send them

Employer reports:

In Ontario, employers must use the WSIB form 7 Employer’s Report of Injury.

In Nunavut, employers must use the Alberta WCB Employer Report of Injury or Occupational Disease.

Worker reports:

Workers employed in Ontario must use the WSIB form 6 Worker’s Report of Injury/Disease.

Workers employed in Nunavut must use the Alberta WCB Worker Report of Injury or Occupational Disease.

In Ontario, reports can be sent electronically to: ON-LAB-TRA-HOIR_RESCR-GD@labour-travail.gc.ca

In Nunavut, reports must be sent to: NC-FWCS-SFIAT-CLAIMS-RECLAMATIONS-GD@hrsdc-rhdcc.gc.ca

If mailing a report, use the following addresses:

For employees in Ottawa, reports should be mailed to:

ESDC Labour Federal Workers Compensation Service
750-360 Laurier Avenue West
Narono Building
Ottawa, ON
K1P 1C8

For claims of employees usually employed in Alberta, British Columbia, Nunavut, Yukon and the Northwest Territories, reports should be mailed to:

ESDC Labour Federal Workers Compensation Service
1400-300 West Georgia Street
Vancouver, BC
V6B 6G3

For general inquiries about worker’s compensation, call the office of ESDC Labour Federal Workers Compensation Service at 1-800-641-4049.

Review and appeals

All jurisdictions allow an opportunity for reconsideration of unfavourable decisions. An employee, the employer or their representatives may ask for a review of a decision by directing such a request to the appropriate provincial authority. This request should contain sufficient new or additional evidence, including medical, to warrant a review of the claim.

References

ESDC Hazardous Occurrence Investigation Recording and Reporting

ESDC Accident Investigation: A Responsibility to be Taken Seriously!

ESDC If You Have an Accident - What to do and how to do it

ESDC Employers' Guide to the Government Employees Compensation Act