The Workers' Compensation Board (WCB)

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Workers' Compensation Act and Regulations

Most workplaces in Alberta are required to register and have an account with the WCB. Ask your employer if the company has coverage for its employees as it could potentially be an exempt industry described in WCB Regulations.

WCB legislation is an important law that was created to provide insurance or compensation benefits to workers who have been injured or made ill during the course of their employment and are required to lose time from work as a result of the injury or illness. This is essentially no-fault insurance coverage that the employer pays for to provide insurance coverage for the workers. In exchange, the worker gives up the right to take legal action against the company for a workrelated incident. The amount of money for the temporary total disability paid by the WCB is based on the worker's income at the time of the injury. Benefits are 90% of net earnings and are calculated by the WCB, in accordance with the WCB Act and Regulations.

Temporary total disability benefits are payable for as long as the compensable temporary total disability lasts, generally until the:

• weight of medical evidence indicates the worker is considered fit to return to suitable employment

• remaining disability is considered to be permanent or

• worker dies.

If an Injury Occurs…

The WCB Act, Sections 32 and 33, stipulates the information that employers and workers must provide to each other and the WCB. This is essential if an injury occurs.

If you are injured while working, report the incident to your supervisor immediately, see the first aid provider at your workplace or visit your doctor and complete the appropriate WCB forms.

It is important to focus on getting back to work safely but also in a timely fashion. You may possibly be asked to return to a modified duty position until you have sufficiently recovered from your injury to return to your normal job duties. Always check with your attending doctor to ensure the modified duty is appropriate to accommodate your injury. If you are unable to work due to the injury, the WCB will pay compensation benefits until you are able to return to modified or regular job duties. If you are unable to return to your pre-injury duties, due to residual disability, the WCB may offer you rehabilitation services to assist you in returning to a job within your physical capabilities.

Forms, Forms, Forms!

If you are injured, you must complete a Worker's Report of Injury form (C-060) and send it to the WCB as soon as possible. Any other information, such as a list of witnesses, is also useful; please include this information with your Worker's Report of Injury form. Remember to include your name, Social Insurance Number, date of birth and employer's name. Your employer may also have additional forms for you to fill out, such as an Accident/Incident Report form and/or a first aid record form.

Your employer is also required to complete and submit an Employer's Report of Injury or Occupational Disease Form (C-040) to the WCB within 72 hours of you notifying them of the injury. If the employer fails to make a report to the WCB, it may be subject to an administrative penalty.

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The purpose of the Workers' Compensation legislation is to provide insurance benefits (compensation) to workers who:

• have been injured or become ill as a result of their employment

• lose time from work, as a result.

Workers' compensation is essentially a no-fault insurance program that employers pay into to provide coverage for their workers. Workers receive coverage if they are injured or become ill; however, they do not have the right to take legal action against their employer for a work-related incident. The amount of money paid by the WCB is based on the worker's income at the time of the injury. Benefits are 90% of net earnings and are calculated by the WCB, in accordance with the Workers' Compensation Act and regulations.

A self-employed person without employees is not required to have WCB coverage for himself or herself, but may opt for personal coverage. The same applies to directors/owners of a company. However, if they have employees, they must have coverage for them.

Not all businesses are required to have WCB coverage. Certain industries are exempt, such as:

• financial institutions; e.g., banks

• consulting services

• piano tuners

• travel agencies

• commercial feed lots

• advertising agencies.

Although employers in these industries are exempt, they may opt to have WCB coverage.

How Much Does a Workplace Pay in Premiums?

Following standard insurance principles, the WCB groups businesses in distinct groups called rate groups. The idea is to group businesses together, within similar types of activities and with comparable risks for injury/illness. Each employer within a rate group pays the same base premium for each $100 paid to workers. The group's premium rate is based on the cost of injuries and illnesses to workers in that group.

The more injuries and illnesses, the higher the group's premium rate.

The WCB also has incentive programs where employers can get money back if they have a good injury/illness record. They can also be surcharged if they have a poor record. Companies with poor records are identified to Workplace Health and Safety who will visit the work site to encourage and work with the company to help it improve and strengthen the health and safety of the workplace.

Workers' Compensation Benefits

Workers' Compensation benefits include:

• money to replace lost wages

If a worker misses time from work because of a work-related injury, the amount of money for the temporary total disability paid by the WCB is based on his or her income at the time of the injury. Benefits are 90% of net earnings.

• payment for health care costs related to the workplace injury or illness, such as:

• treatment by doctors, chiropractors, physiotherapists, dentists

• hospitalization, surgery and emergency care (private rooms are only covered if deemed medically necessary)

• prescription drugs

• prosthetics, orthotics, glasses, hearing aids, crutches, wheelchairs and other assistive devices

• contracted services, such as an attendant, and other measures to help severely impaired workers live independently

• travel costs related to the claim; e.g., travel to medical appointments

• retraining for an injured worker who cannot return to his or her pre-injury occupation

• employer services to help get an injured worker back to work in a timely fashion

• assessment and return to work options to determine suitable work

• survivor's benefits to spouse and dependents.

What to Report

WCB must be notified of any injury or illness that:

• causes the worker to lose time from work

• has the potential to cause the worker to lose time from work

• requires the worker to work in a modified work position at less than regular pay

• would cause the worker to receive lower earnings for regular work.

Who Reports

The employer must complete and return an Employer's Report of Injury or Occupational Disease form to the WCB within 72 hours of being informed by the worker.

A worker who is injured must complete a Worker's Report of Injury form (available from the employer) and send it to the WCB as soon as possible. Any other information, such as a list of witnesses, is also useful and should be included with the Worker's Report of Injury form.

These WCB forms are available on the Web site at www.wcb.ab.ca.

(The physician must also complete a report if he or she considers that the injury is likely to disable the worker for more than the day of the injury or may cause a disablement in the future.)

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