Work accident procedure for a temporary worker

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Work accident procedure for a temporary worker by Mind Map: Work accident procedure for a temporary worker

1. 9. So now you’re back to work full time. However, there might be some permanent disability that you have to live with for the rest of your life. The CNESST provides a one time payment as compensation for this suffering. The way it works is as follows. The CNESST has their own doctor (BEM doctor) to determine the level of disability by percentage. This doctor exams you putting you through tests and takes into consideration your doctors and the Cpost doctors evaluation on the percentage of permanent disability. Ie. your doctor say 3% and the cpost says 1% and the BEM doctor comes to their own independent evaluation which can be lower or the same or higher than the other doctors evaluation. This decision is final and if there is a permanent disability at what ever percentage then the CNESST compensates you monetarily in a one time single final payment and closes the file and you move on with your life. This payment can range in between the hundreds to thousands of dollars.

2. Payment by the CNESST is 75% of your gross salary which is based on the last 52 weeks from the accident. The CNESST gets this information from Cpost. It’s Important to know that this includes flyers and overtime compensation, etc. It is probable that Cpost will try to deceive you and the CNESST and only give an amount not including these two items and others. So have copies printed out of all previous 26 pay periods from the date of the accident and verify the numbers. If necessary hand over the information to the CNESST to get the correct and increased pay amount.

3. 4. NOMINATION - If your claim with the CNESST is not approved and your on the EI Benefits plan and you get nominated to permanent status, you have a choice to make. Stay on the EI benefits program or switch to your new private insurance plan called the short term disability program (STDP) through Morneau Shepell but Cpost has no obligation to give you progressive back to work and can say “when you’re 100% ready to perform your duties let us know”. If Cpost does this then Morneau Shepell will have to argue with CPost on your behalf to get you back to work progressively.

3.1. You can NOT apply for private STDP with Morneau Shepell as a temporary worker until you get nominated. When you do get permanent status you may ask Morneau Shepell to consider retroactive compensation from the day of your illness if the CNESST didn’t approve your claim as a work accident but Moreau Shepell will probably only compensate you from the date of your nomination but there’s no harm in asking!

4. 1. FIRST 14 DAYS - So the first 14 days is covered by Cpost at 100% based on your 40 hour work week. This is a base salary and does not include flyer or overtime compensation.

4.1. The first step in your work accident is an examination by the CNESST to approve or not approve. This takes btwn 4-6 weeks. If approved the second step (and this always happens in almost 100% of CNESST approved cases) is that Cpost will contest it giving their reasons why it wasn’t a work accident. If the CNESST reverses it’s decision and goes against your claim then you have a chance to appeal that decision. That’s when the union and your doctor fight for you giving their reasons why it was a work accident. If you win again then there is no other recourse for Cpost and they have to accept the initial decision.

5. 2. AFTER 14 DAYS - After the 14th day the CNESST will cover you at 75% of your gross salary but no pay by anyone until they approve your claim. This means you should apply for Employment Insurance benefits on the 15th day.

6. 3. EMPLOYMENT INSURANCE- So after the 14 days you can apply for Employment Insurance Benefits through the federal system as you wait for your claim to be either approved or not. If it’s NOT approved you have to give back the earnings for the first 14 days back to Cpost and then apply to get those earnings back from the EI benefits program. If it IS approved then you have to give back the earning from the EI benefits program starting after the first 14 days as the CNESST starts giving earnings on the 15th day.

6.1. If you have to pay back Cpost then there are two options for you to choose from. A) in one single payment or b) a gradual payback plan over time taking 10% of your pay every pay period until it’s paid off.

7. 5. BACK TO WORK - If you get permanent employee status Cpost must accommodate you as to your doctors orders bc of your CNESST approval. It’s the law according to article 179 of the CNESST using the “2001 form” that the doctor fills out for your back to work accommodations. Cpost has no choice but to follow the prescribed progressive back to work duties bc it’s an approved CNESST claim. What ever hours you do work you get 100% of your salary for those hours which is also the law according to article 180 of the CNESST.

7.1. When your a temporary employee and your doctor agrees you can perform clerk duties (comis) bc you can’t perform LC duties and there already is a temporary employee with less seniority already performing that task Cpost must give you that position. If they don’t it is a grievable offence which you will win.

7.2. Article 54 of the collective agreement forces the employer to accommodate the workers back to work progression with an official medical certificate by a medical doctor. There is a form you MUST fill out and give it to Cpost. The supervisor has this form. You must ask for it when you’re ready to go back to work.

8. 6. PHYSIOTHERAPY - No clinic will touch you and give you service until your claim is approved by the CNESST. That will take a while. Your next option is to go into the public system and do your therapy there until the approval. If you don’t get approved then you being proactive and initiating the process ASAP in the public system will have had benefitted you bc you didn’t waste time in just starting that process after not getting approved.

9. 7. LOCKOUT/STRIKE - If there is a work stoppage for what ever reason then you still get paid by Cpost if approved by the CNESST.

9.1. It is important to NOT perform union activities (ie. picket line, meetings on Cpost property) bc then CPost and possibly the CNESST will stop the payments.

9.1.1. If payment does stop for what ever reason by Cpost to no fault of your own then the CNESST will start paying you directly but not at 75% of your gross salary but rather 90% of your net. This is tax free money.

9.1.2. If not approved and you’re on EI benefits and there’s a work stoppage then those payments stop

10. 8. 100% pay - it is important to know that what ever hours you do work you get compensated 100% of your salary. The balance of your hours is at 75%. How is this documented, through the 15.08 overtime sheet. Even if you only work 4 hours for example it’s important you put in that sheet every day bc maybe your doctor only approved 3 hours for example and the boss will try to only compensate for the 3 and not the 4 hours you actually worked.