[Wayne Coady]

<strong>Written By:</strong> Wayne Coady
<strong>Date:</strong> 2005-01-27 11:04:00
<a href="/article/10427177-treatment-of-injured-workers-in-canada">Article Link</a>

The government enjoins the same benefits and protections as all other employers who pay into the fund. When a government employee is injured, poisoned or killed in his/her work environment, the employer (in this instance, government) invokes the protection of the legislation authored and made law by the employer/government. Some might find it surprising that those unions employing staff or field workers also come under the protection of this nefarious scheme as well.

It has always been my position that the Nova Scotia Workers Compensation Board should not be unionized. One might ask why I would hold this point of view. The reasoning is obvious when one gives analytical thought to the subject. Simply, the WCB is in a conflict of interest. Anecdotally, unions here in Nova Scotia have not been too quick, if ever, to champion the fight injured workers have had with the WCB over the years. I find it readily understandable why those injured on the job cannot expect or depend on the unions to which they belonged as healthy workers to advocate on their behalf. Clearly, the unions have become very much a part of the problem which hinges around money. An injured worker no longer is able to earn a wage and pay union dues. Almost over night, that injured worker loses his/her value to the union and, in the eyes of the union, is expendable.

Other dynamics (conveniently) come into play, as well, from the legal standpoint. Should the union assist an injured worker with their Workers Compensation claim, they too, would be in conflict, - their getting involved might require, possibly, that the union take legal action against the WC Board which employs a fellow union sister or brother.


If that union member should be found to be involved in some malfeasance against the injured worker/claimant and, thus, denying their claim (based on false or altered information) a bizarre situation arises where the union might be required to “eats own young”, so to speak.

As a result ,the unions have taken the path of least resistance so as not to jeopardize their own position while, in effect and surely, abandoning their former member to the questionable mercies of the WCB. There is in place a silent agreement between all unions and the union who unionizes the staff at the WCB, particularly , to avoid getting involved in Workers Compensation cases.

This revelation came to light recently on a talk show here in Halifax, when the Leader of the New Democratic Party, Darrell Dexter was asked by a caller, “Why is it, Mr. Dexter, that you MLA’s have such good health care benefits that cost you next to nothing compared to what is available to the rest of us who don’t have such government perks?” Well, I just about fell off my chair when NDP Leader Dexter made it known that the Nova Scotia Government Employees Union negotiated those benefits on behalf of the serving MLAs as well as its union members. When he realized what he was saying, Dexter quickly back-peddled on his statement in an attempt to hide this damning information he just revealed about the system. Granted, this preferential treatment is not confined to those MLAs from the NDP. In fact, all elected representatives from all parties get to enjoy the same benefits.

In Dexter’s case, though, there is a real dichotomy at work. On one hand, the political party Dexter leads, would have itself known as the champion of the working man/voter and, at the same time, the NDP is tacitly a party to making life more difficult, if not impossible for the working man injured on the job.
Here is the leader of the NDP Darrell Dexter, who received funding from the NSGEU, so he could finance his political aspirations, now revealing to us that this union also represents his interests, and those of his fellow MLAs who “we” duly elected as our representatives to government. This sweetheart deal begs many questions beginning with who do our elected representatives really represent ? Why are they rewarded with a collective agreement benefit plan ( thanks to the NSGEU and the taxpayers of Nova Scotia ) to which we average citizens and taxpayers, are not permitted access?

To quote the late, “Great One”, Jackie Gleason, “How sweet it is!” The NSGEU, who negotiated the collective agreement for the Nova Scotia Workers Compensation Board, just happens to be the same union who negotiated the benefit packages for: the Minister of Labour and Environment, the Minister Of Justice, plus the Minister of Health and, don’t forget, ALL elected representatives. Therefore, it becomes apparent as to why there is no motivation ( other than political ) for any of these august gentlemen to bother themselves with ensuring the rights of any injured worker who might ask for their help. Certainly, when you are responsible for the laws that deprive these hapless workers who are deprived of their rights and benefits, why should anyone in government feel threatened or afraid of any legal repercussions from an injured claimant who is totally at your mercy?

That is exactly what the injured worker is up against.
NO ONE CARES.
Who helps him to fight collusion where the same people who are charged with administering the laws and rights of the individual, are breaking them with impunity?


FOOD FOR THOUGHT

Every time government negotiates with any local of the NSGEU, why should any taxpayer feel comfortable that government is looking out for their interests?
Based on how injured workers are treated here in Nova Scotia, by government and its legislation, everyone should be very concerned. One need only look at who sits at the table when contract talks are being discussed with NSGEU local 55 of the Workers Compensation Board, to get some indication as to how our rights are ignored or manipulated through legal hocus pocus by an organization devoid of any moral or ethical constrictions. I would suggest that the public obtain a copy of their agreement, so they can make up their own minds.


NIGGERS?

No one would disagree the word; nigger is a vile and insensitive descriptor for anyone who is dark skinned. This word has been in use since slavery was practiced in the United States and is the favored pejorative of racists and the ignorant of society to demean those of the black race. In more recent years, this word has been used to encompass those persons of any race who have been deprived, by virtue of a lack of social class, wealth or power.

If you are an injured employee here in Canada, the word nigger might well be applied to you. If it were, maybe, just maybe our Human Rights Commissioner and the Federal Government would then be compelled to apply the Charter of Rights to address the abusive situations injured workers are forced to live under in Canada. Situations that have been perpetrated and perpetuated by their own government(s) that would reduce them to the status of niggers to every extent that this word implies.

WHY?
Why has this condition been allowed to exist, and persist for thousands of Canadians? This same country that would have everyone believe it is a progressive and caring society, that values human rights while it allows its citizens to endure untold abuse and suffering, at the hands of an unholy triumvirate among business, trade unions and provincial governments and the agencies, they have created to perpetuate the myth they are the protectors of human rights.

The inaction of our Human Rights Commissioner at both levels of government, provincial and federal, to correct this antiquated, ineffective and, mostly illegal labour law known as the WCB Act, is reprehensible and inexcusable.

The blatant abuses that do damage to injured employees and their families as a result of this (carefully crafted) bad faith law cannot continue.
The politician’s old expedient of hiding and, when all else fails, denying truth must come to an end in a full blown, “no holds barred” public inquiry that is televised… just as the Sponsorship Program has been. Only then will the public appreciate how injured workers have been used and abused in a vehicle to launder and misappropriate their tax dollars. Governments have been sidestepping the obvious for years, why?

Is this yet another example of collusion and corruption they don’t want the public to see? Our Canadian government, at the national and international level has always represented itself as a champion of human rights that would differentiate itself from the likes of a country such as China, who still punishes its people with laws and attitudes that applied centuries ago when the Emperor’s word was final and could cost a man his life.

In Canada, business and its handmaiden, government, calls the shots and has no more compunction than the Chinese Emperor or that country’s present day leaders when it comes to allowing misery and privation to fall on the backbone of this country’s workforce. Until the purported leaders at all levels honestly address the plight of injured workers in our country, no one need point fingers of disdain at China or any other country for abusively abandoning anyone’s human rights.



Regards

Wayne Coady

21 Ashgrove Ave.
Dartmouth Nova Scotia
B2V1Z2
Canada

CC: Members of Parliament / Senate
Members of the Nova Scotia Legislature
Media
Federal Minister of Labour Joe Fontana
Minister Of Justice, Irwin Cotler

<a href="http://www.wcbcanada.com/">http://www.wcbcanada.com/</a>

[harrisp]

You couldn't be much more wrong.

Let me start with the benefits plans. It is customary that the non-union employees of a company will receive benefit packages that mirror very closely the package negotiated by the unionized employees. When the 'company' happens to a government, that usually does NOT translate into similar benefits for elected officials. Usually, their packages are much more generous than mere employees will ever receive. So if the elected people in Nova Scotia aren't doing any better than the government's employees, you should feel grateful.

As for what you have to say about workers' compensation boards, NSWCB in particular, you are only marginally on target. I am a self-employed workers' compensation consultant (as well as a columnist for this website); I represent mostly employers but on occasion I also represent workers (as I am doing currently with several cases that I am hanlding pro bono). I work in all provinces.

Each board is different from the others in superficial ways but they all operate from the same philosophical principles, first written in 1914. And some boards do a better job than others. NSWCB is at least adequate and is probably about the middle of the pack for fairness, effectiveness, justice, and so on. If you want one that really stinks, move to Ontario.

I realize there are horror stories of individual claims in all provinces, but generally injured workers across this country are treated well. Certainly far better than in our neighbour to the south.

As for NSGEU representing the NSWCB employees, so what? Most of the Canadian boards have unionized employees and I can tell you from years of having to face union representatives across the table that unions are not at all shy about taking on the compensation boards. And they generally do a fine job of representing their members. The fact that Board or Commission employees might be unionized themselves never enters the picture.

I'm sensing here a guy who had a claim with the NSWCB, didn't get what he thought was proper entitlement, and didn't get the help from NSGEU that he thinks he should have gotten, and is now prepared to condemn everything and everybody related to workers' compensation across the country. You may have been mistreated, I can't know that. But the system generally works pretty well across this land. Of course, it isn't even close to perfect, which is why I have a job ... but on the whole, it's pretty good.

Incidentally, involving the federal government won't help ... this is a provinical jurisdiction.

Paul Harris

[Marcarc]

Like many other issues, as you say, this is a provincial matter, not a federal one (although one might suspect that as progressive social country that one of the things a 'national' government would do is ensure its most vulnerable citizens are taken care of) which means you can't compare it to our neighbours in the south-where it is a state matter. Many states are far more generous than many provinces. In New Brunswick, it is permissible to fire an employee if they are injured for a year and you have fewer than 50 employees. If you have more than fifty employees then you have to wait two years before you fire them.

This isn't the first I've heard of this, and in particular the Nova Scotia board, so I wouldn't discount this as a lone voice in the injured wilderness. So I don't think our system of 'pretty good' really cuts it, as does the claim that if your elected officials aren't doing glamourously better than government workers you should be happy. In Ontario and Alberta MP's packages were cut back under Klein and Harris so how true that is is still open to question.

One thing I would disagree with is the idea of denigrating unions in general based on the actions (often misunderstood) of another. If you want to see life without a union take a look at retail workers.

[harrisp]

Well, I have worked about half of my working life without a union, including retail; I have also been chair and principal bargainer of a union for four years ... I'm pretty familiar with the trade union movement and its goals. For the most part, I am supportive.

But note I wasn't commenting about benefit levels from the various compensation boards; I know they vary a lot, just like the average wage and average cost of living varies from province to province. But I stand by my comment that our boards/commissions are pretty darn good when compared to the alternative. Litigation is a wholy ineffective and inefficient way of compensating for workplace injury.

Paul Harris

[Marcarc]

I quite agree that litigation is a nasty way of conducting such business, however, as in many cases nowadays I am not against it completely because in many cases it is simply the only way 'justice' can be said to be done. 9 times out of 10 injuries result at the workplace due to employer negligence - I work in landscaping, where there of course is no union in site, and which has an appallingly high injury rate. Employers routinely push employees into high risk situations. In one case a teenager was told to climb a 300 foot tree to do limb cutting on his second week with no training whatsoever and no safety harnesses or equipment. In others workers were made to cut on a slope an hour after a safety video (the only safety training they received) told them to never do such a thing. I could go on and on, suffice it to say that if the pesticide debate ever comes to your hometown and industry claims you'll lose precious jobs don't worry,they are horrible jobs.

Under direct democracy such government boards would and should be out in the open with all their decisions known, and decisions should be made by locals in the community. There are some people trying to milk the system, but not nearly so many as is recounted. Canada is such a 'workplace' dominated society that very few wouldn't be working if they could - or had the option.

I really think that instead of the idiotic rights enshrined in the constitution (which are usually broken anyway) there should be 'communal' rights-namely "food, clothing and shelter". A national program to house every person and minimize mortgage costs would do so much for the economy. The big banks are well protected from insolvency so there is no reason canadians should be in usury prison. Give people homes and a good many problems go away (people wouldn't need nearly as much to live on). Sorry, I guess that's off topic (better than the "pools of piss" remark though, eh?:)

[harrisp]

Statistically, there is no question that employer negligence causes accidents, whether by demanding unsafe acts or simply by inadequately training employees. But by far the greatest number of accidents result from careless or thoughtless or inattentive acts by the worker. That's not to say I blame them, better safety protocols from the employer would often prevent workers from being their own worst enemies by making the work bullet-proof. There are also a large number of accidents that occur as the result of faulty equipment which might be the fault of either the worker or the employer, or both, or neither.

Litigation in a workers' compensation setting will rarely produce justice; it will just produce high settlements for whomever can afford the cleverest lawyers.

As for your 'socialist' remarks in the closing paragraph, I couldn't agree more.

Paul Harris

[Guest]

The argument of if or not is should be under federal or provincial is a bit like arguing the chicken and egg theory, if you add in the question of whom would be less likely to be rotten. Grant you if the chicken was alive it stands a more persuasive chance of winning that argument, not on merit, but on appearance.

To say the WCB issue should be argued from a provincial perspective only makes no more reason than the above.

One must bear in mind that the workers safety and wellbeing is a federal responsibility, that is passed down in power to the provinces, who run the workers compensation boards.

The ultimate responsibility still lies with the Federal Government. As reference I would refer you to Katherine Lipple’s Report (Dean of Law) and often an advisor to the Federal Government, in her report on surveillance of injured workers, she places the ultimate responsibility with the federal government.

Yes, injured workers may not fight this at a federal level, until they have gone through all the legal channels before they can take it to the Supreme Court. Yes it’s true that the most (common) method to date was to split injured workers by province, and divide our common problems up, until our number are too insignificant to count.

The problems we face are common Canadian problems, and you will be hard pressed to find any injured worker who does not feel their charter rights have not been violated. Only by the book are they wrong, but unified we can fix that book with pressure on the feds.

I would whole heartedly agree with you if you were to say lets not fix a system that’s not broken in dealing with injured workers problems.

The truth is that fight this on a provincial level was not only an absolute disaster, we are annually losing ground everywhere in Canada.

To me the intelligent thing to do is not repeat our failures, but instead try something that has not been tried before. Let’s not fear innovative ideas, let’s embrace them based of the failures of previous methods.

[Guest]

what do you mean 'its pretty good considering the alternative'? they have had almost a century to get it right and the still system sucks. you obviously only make money from the WCB and have never actually had to rely on them for a long-term injury. your head is buried in the sand my friend- long-term and permanantly injured workers are thrown away- in every province. period.

[drywallrocker]

Of coarse Mr Harass will take the position that Mr Coady is wrong He is union rep after all.There is only one answer to the WCB question get rid of the privative clause that protects it.And Mr Coady is quite correct once a person is seriously injured he is discarded by his so called union.I was one and I know several other people who were also.Unless they happen to be one of the good old boys.In BC the head of federation of labor sat on the board of the company that invested the pension monies of BCGEU .The union that the wcb repersentives belong to,who torture injured workers and denie claims and people wonder why unions sit and do nothing. They don't bite the hand that feeds them WCB is nothing but a protection rackett for big business.This act was brought into power in 1914 when the men were away fighting a war and the women of the country could not vote.So who brought it in big business and a couple of unions.And what protection does a non-union person have in BC we don't have labor relations thats reserved for the union people they get all the paper work and filing done for them.But for the non-union people the have Employment standreds and you fill out all your own forms and do the filing yourself.So I think your the one barking up the wrong tree Mr Harrass.