Workers Compensation
specific to St. Boniface Worksite 5
Information provided herein is specific to St. Boniface Nurses Worksite 5. Please contact the Worksite 5 office with any questions or concerns, or when an issue first arises.
Workers Compensation
The Workers Compensation Board (WCB) benefits referenced in Article 2303 of the collective agreement arise out of provincial legislation. The collective agreement provisions address the processes and options for nurses in the event of a workplace accident or illness.
Do document the accident or illness
Each and every workplace injury/illness/exposure should be documented* immediately after it occurs and your PTM/supervisor notified of same regardless of whether or not you miss any work.
*Document the incident by completing an Incident Tracker report (available on the SBH intranet). The Incident Tracker is the employer’s documentation which goes to your PTM and/or Occupational Health.
Keep a copy of the Incident Tracker report pertaining to your workplace injury/illness/exposure. We strongly recommend that in addition to filing an Incident Tracker report, you personally submit a claim directly to WCB (use your copy of the hospital report). Filing a claim directly with WCB ensures that the injury/illness/exposure is on the record. Failure to report a workplace injury/illness/exposure to WCB at the time occurs may jeopardize the approval of your claim
If for some reason you did not report an injury/illness/exposure when it occurred, you should still report it directly to the WCB for documentation purposes. (Claim Information Centre 204.954.4100 or 1.800.362.3340, Monday to Friday, 8:00 am to 7:00 pm).
If at the time of the incident/illness/exposure (or at a later date) there is actual work time loss, you must personally notify WCB.
Do know the steps you need to take in the event of work time loss
- Seek appropriate medical assessment and treatment. This may be done in the SBH Occupational Health office but preferably by your own physician or emergency physician (see hospital policy re ER visits).
- Let WCB, SBH Occupational Health, and your PTM know your absence from work is due to a workplace injury/illness/exposure.
- Submit any medical note(s) directly to Occupational Health (they should notbe given to your PTM or supervisor).
Do know your monetary/contractual options in the event of work time loss
While you are waiting for your claim to be processed by WCB, request in writing to your PTM, sick time (income protection) payment. Please be aware that if you have documented the injury/illness/exposure as a WCB claim, you will not be paid sick time if you do not request it.
If you do not have sick time for prepayment of your benefits, ensure you prepay both yours and the employer’s portion of your benefits so that there is no lapse in coverage while you are not being paid by the employer.
If you do not have sick time available to use, you can apply for Employment Insurance (EI) while you are waiting for your claim to be processed by WCB.
If your claim is accepted by WCB, review collective agreement article 2303 b) i) and request a top-up of your WCB payment. Not only does this maximize your financial options, it also means that the employer must pay the employer portion of your benefits. Otherwise, you will need to pay the benefits yourself for the period of work time loss.
WCB legislation and policies do not allow the employer to pay you salary for a period of work time loss due to workplace injury/illness/exposure. This rule is to protect you, the worker. What may appear be an isolated occurrence at the time, may require future periods of work time loss and/or medical treatment. Therefore, WCB needs to be aware of and have documented your claim at the initial onset. If your manager offers you salary payment in these circumstances, you should refuse. Refer your manager to the Worksite 5 office, and file a claim with WCB.
Do know that a denied claim can be pursued
There have been instances where a nurse’s claim has been denied by WCB, as well as instances where the employer appeals a nurse’s approved WCB claim.
Should WCB deny your claim, or should your approved WCB claim at some point be appealed by the employer, please contact the Worksite 5 office immediately for assistance.
Employer Appeals of Approved WCB Claims
Members should be aware that while the WCB Act allows for employees to appeal a claim that was denied by WCB, the Act also allows for employers to appeal a nurses approved WCB claim.
What makes this so upsetting for the Worksite and our members is that in some of the cases where the employer has appealed an approved claim there no time loss for the employee – just claims for physiotherapy treatments.
Having their approved WCB claim appealed by the employer is devastating for the member involved. When this happens nurses have expressed that they feel as though their employer does not believe them – that their injury is not legitimate.
MNU has a Labour Relations Officer who assists with WCB matters and they had success in being able to uphold many of the approved WCB claims for our members that have gone before the review board.
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Workers Compensation Board of Manitoba
Claim Information Centre – phone 204.954.4100 or toll free 1.800.362.3340
Monday to Friday, 8:00 am to 7:00 pm