WorkSafeBC: Updates and Compensation Overview · Today’s Presentation. 1. Some Statistics:...

Summer Leadership Conference 2019

WorkSafeBC: Updates and Compensation Overview

Today’s Presentation

1. Some Statistics: Profile of the injured K to 12 teacher

2. WorkSafeBC Structure: Compensation & Prevention

3. Claims Process: Reporting an Injury, filing a claim

Injuries by Select Service Occupation, 2018 Occupation Total number of time loss claims accepted by

WSBCAccountants 11Human resources professionals 6Biologists 8Engineers 22Nurses (RN, PN, LPN) 2,178Paramedical Occupations 571Social and Community Service Workers 1,060Librarians 7Actors an comedians 10Food and Beverage Servers 473Retail Salesperson 77Educational Assistants 768K-12 Teachers 540

What does this tell us?

• Depending on how you set your parameters, K to 12 teachers are at a moderate to high risk of injury on the job compared to other occupations in the service sector.

• The examples provided are primarily for mid-level, professional occupations.

• Clerical and administrative assistants, clerks, technicians, nurses aides, etc. tend to have higher injury rates and management-level occupations have lower rates of injury.

Five-year Trends for K-12 TeachersClassification 2014 2015 2016 2017 2018 2014-

2018Independent & Private School

48 36 47 44 42 217

Public School 359 386 431 495 497 2,168Other 5 3 4 2 1 15Total 412 425 482 541 540 2,400

What does this tell us?

• In the Public Sector, K to 12 teachers have experienced a 38% increase in claims (accepted time loss claims) over the past five years.

• Private and independent K to 12 teachers have not experienced an increase in claims over this same period.

Physical Injuries by Incident Type, 2018Type of accident Number of time loss claims acceptedFall on the same level (e.g. slip and fall) 149Struck by (e.g. hit by flying object) 100Other voluntary motions (e.g. bending, reaching, walking, twisting)

52

Violence 43Overexertion (e.g. heavy lifting) 40Struck against (e.g. bang head on wall) 30Fall from elevation (e.g. fall down stairs) 26

What does this tell us?

• In 2018, there were a total of 540 time loss claims by K–12 teachers accepted by WorkSafeBC.

• Of these, 496 were for physical injury or disease; the remaining claims were for mental disorder with no physical injury or disease present.

• The seven major incident types accounted for 89% of all physical injury and occupational disease claims

Incidents, Five-year trendsType of Accident 2014 2015 2016 2017 2018 2014-2018Fall on the same level (e.g., slip and fall)

139 133 169 196 149 786

Struck by (e.g., hit by flying object)

57 77 78 86 100 398

Other voluntary motions (e.g., bending, reaching, walking, twisting)

33 38 51 57 52 231

Violence 19 24 29 38 43 153Over exertion (e.g., heavy lifting)

41 53 45 52 40 231

Struck against (e.g., bang head on wall)

32 21 22 30 30 135

Fall from elevation (e.g., fall down stairs)

35 42 35 31 26 169

What does this tell us, cont.?

• “Fall on same level” is the most common incident type, followed by “struck by”.

• “Fall on same level” claims peaked in 2017 and declined in 2018

• The number of “struck by” injuries has increased significantly, from 57 injuries in 2014 to 100 injuries in 2018, an increase of 75%

• The number of injuries from violence has increased significantly, from 19 incidents in 2014 to 43 in 2018, an increase of 126%

What does this tell us, cont.?

• The increase in claims from 2014 to 2018 is attributable to the increase in the number of physical injuries where the K to 12 teacher was struck by an object, or the victim of violence, as well as a smaller increase in mental disorder claims with no physical injury or disease present.

• In contrast, the number of “fall” injuries, from the same level and from an elevation, have recently declined.

Physical Injury by Part of Body, 2018 Part of the body Number of injuries, by primary injury Head (incl. scalp and skull) 100Ankle (incl. feet and toes) 59Knees 57Back 55Wrists (incl. fingers) 30Shoulder 26Face and ears 19Body systems (e.g. respiratory or digestive) 19

Trends • In 2014, the most common injury type was a back injury (63 primary injuries).

• By 2018, head injuries have overtaken all other injuries by a significant margin.

• From 2014 to 2018, 55 head injuries to 100 head injuries, an increase of 82%.

• Violence claims, an average of 42 days of work lost per claim compared to slip and fall, 30 days of work lost per claim.

• Otherwise, K to 12 teachers are susceptible to a diverse range of physical and psychological injuries on the job.

What is Being Done?

2011, 2013: WorkSafeBC Slips, Trips and Falls in Schools Campaign & Report(s)

2019: WorkSafeBC Provincial Violence Prevention Strategy for the Education Sector

WorkSafeBC Head injury strategy? Very early stages of discussion

Workers’ Compensation System Review: Janet Patterson

What is Being Done? Cont.

Provincial Violence Prevention Strategy for the Health Care Sector: stakeholder discussions were launched in 2010.

The education sector is where the health care sector was in 2010

The Provincial Violence Prevention Strategy for the Education sector is in the early stages of development.

Questions?

What is WorkSafeBC?

• A British Columbia provincial crown agency that is operated independently of the legislature and cabinet, by a Board of Directors.

• Mandated to promote and enforce occupational health and safety, provide rehabilitation and compensation to the injured.

• The Board of Directors oversee the management of WorkSafeBC. The Board consists of representatives from the employer community, worker community, the public interest, and other.

• The elected BC government (cabinet) appoint the members of the Board of Directors to terms.

What is WorkSafeBC?

• No fault-insurance system providing coverage for most workers in British Columbia.

• Employees cannot pursue civil remedy against employer or employees.

• Entirely funded by premiums paid by employers, the “Accident Fund.”

• WorkSafeBC is structured into many different departments. The largest departments are Compensation and Prevention (Health and Safety).

WorkSafeBC Structure – Prevention & Compensation

• Prevention (Health and Safety Division)

• Prevention Department has the responsibility for matters such as refusal of unsafe work, Occupational Health & Safety Regulation, investigating fatalities and serious injuries, and worksite inspections.

• Binding Occupational Health and Safety Regulations. • Non binding guidelines, handbooks, etc. • OHS Regs Enforced by Prevention officers. To request a workplace inspection, or

refusal of unsafe work, please call

• Phone: 604-276-3100 (Lower Mainland)Toll-free: 1-888-621-7233 (1-888-621-SAFE) (Canada)

• e.g., Worker refuses to work in a classroom with a dangerous student present.

Prevention Cont.

• OHS Regulations are a set of binding rules creating rights and responsibilities of employers and workers with the objective of preventing work-related injuries and occupational diseases from occurring. www.worksafebc.com/en/law-policy/occupational-health-safety/searchable-ohs-regulation

• Workers Compensation Act Part 3 – Occupational Health and Safety

Prevention Cont.

• WCB Advocate does not advise the membership on prevention matters. That is the role of the Assistant Director of Health and Safety.

• Members on SIP/Health and Wellness claims may have a work-related injury or occupational disease – this is a compensationmatter.

WorkSafeBC Structure – Prevention and Compensation• Compensation Department:

• Work-related injuries & occupational diseases• Must file a claim for compensation: the Form 6• Compensation decisions apply the binding Rehabilitation Services & Claims Manual (Vol.

I, II)

• Phone Teleclaim: 604-231-8888Toll Free: 1-888-WORKERS (1-888-967-5377)

• Or Submit online: www.worksafebc.com/en/resources/claims/forms/application-for-compensation-and-report-of-injury-or-occupational-disease-form-6?lang=en

• The worker must file the claim directly to WorkSafeBC. • It is not the same as reporting an injury to the employer (6A) or the Employer

report of an injury (Form 7).

Compensation Cont.

• Members who have suffered a work-related injury or occupational disease should be advised to contact WorkSafeBC by calling Teleclaim or completing and submitting the online form, if they have not already done so.

• Members who have questions or potential problems with their WorkSafeBC claim should be directed to contact the WCB Advocate at 604-871-1890 or lolver@bctf.ca.

Role of WCB Advocate

• To provide advice, assistance and representation to injured members in their WorkSafeBC compensation claim matters, including appeals

• Summary advice to local union representatives assisting members• Will represent teacher in an appeal if chance of success, will advise on

the merits of appealing decision • Advise teacher of other options: e.g., rehab/health care benefits

through Health and Wellness, SIP, and grievance• Intake process: Teacher inquiry -> Intake -> File review -> Summary

advice -> Representation.

Questions?

Claims Process: Reporting an Injury, filing a claim

Claims Process: What to reportPlease contact WCB as soon as possible if a worker:• is taken from or leaves the jobsite for treatment at a medical facility• misses time from work after the day of the injury• loses consciousness• is diagnosed with a work-related disease• develops symptoms of a mental health disorder related to work or the

work environment• suffers broken eyeglasses, dentures, hearing aid, or an artificial limb due

to a work-related incident• employers must immediately report serious incidents and fatalities.Note: Workers must report within one year of date of injury or diagnosis of disease or you may lose your right to claim compensation.

Claims Process Cont.

Report your injury to start your claim• To your employer (Form 6A) • To first aid / heath and safety rep • Report to WorkSafeBC (1-888-Workers) Form 6• See you doctor/ seek medical attention

• Employer Completes Form 7

• Physician Completes Form 8, 11

Claims Process: the Decision Makers, their roles • Case Manager (CM): Responsible for making decisions on a claim,

including financial and health care decisions, and claim acceptance

• Service Co-ordinator: The CM assistant; obtains medical receipts and arranges reimbursement for health care, travel, etc. that has been approved by the CM.

• Entitlement Officer: One position below the CM, makes a decision on claim acceptance for more simple claims

• Claim Owner: The Case manager that has conduct over a claim

Claims Process: the Decision Makers, their roles • Disability Awards Officer: Responsible for calculating the permanent partial disability

award

• Wage Rate Officer: Responsible for calculating the short term and long term wage rates

• Vocational Rehabilitation Consultant: Responsible for job retraining; create a vocational rehabilitation (VR) plan, with a financial budget

• Medical Advisor: a physician or specialist hired by WorkSafeBC to provide medical opinion

• Client Service Manager (CSM): The CM’s manager. Call the CSM to complain about the CM.

Claims Process: Resolving Complaints• When a member has issues with their case manager (CM), they will want to

call the Client Service Manager (CSM). • To get ahold of the client service manager, the member will call the claims

department at 604-231-8888 or toll-free, and:1. provide the customer care agent with their claim number; 2. Request to know the name of the case manager assigned to their claim,

and the Client Service Manager in charge of that CM; 3. Obtain the name and number of the CSM and call them and leave a

message. 4. If the CSM does not resolve the complaint, the member will call the Fair

Practices Office of WSBC, at: Phone: 604-276-3053 (Lower Mainland)Toll-free: 1-800-335-9330 (BC and Alberta)

Links• WCB Advocate webpage (with presentations)

bctf.ca/HealthAndSafety.aspx?id=4318• Workers’ Compensation Review: engage.gov.bc.ca/workerscompensationreview• BCTF Workers’ Compensation Review Position Paper

engage.gov.bc.ca/app/uploads/sites/482/2019/07/SUB-0083-Teri-Mooring-BCTF-written-submission.pdf

• Workers Compensation Actwww.bclaws.ca/civix/document/id/complete/statreg/96492_00

• Rehabilitation Services and Claims Manual Vol. IIwww.worksafebc.com/en/law-policy/claims-rehabilitation/compensation-policies/rehab-claims-volumeii

• Teachers' Participation in Extra-Employment Activitieswww.worksafebc.com/en/resources/law-policy/compensation-practice-directives/teachers-participation-extra-employment-activities?lang=en

Questions?