Frequently Asked Questions
Accident Reporting & Form Completion:
Q. Who does the injured worker report the injury to?
A. When an employee is injured they must report their injury as soon as practical to their supervisor, but no later than the end of their work shift. Once an injury occurs, all of your actions must be designed to safely conclude your immediate tasks (if necessary) and report your injury.
Q. Who gives the injured worker the accident reporting package, and when?
A. The school principal, your direct supervisor and/or the admin office will have copies of the accident reporting package. Please ensure you have a copy of the accident reporting package in hand prior to leaving the building to seek medical attention. The accident reporting package has important information for you and your health care provider and that is why it is necessary to have the package in hand, prior to leaving the workplace to seek medical treatment.
Q. Who provides instructions for the injured worker regarding the completed forms?
A. The school principal, your direct supervisor and/or the admin office can provide you with instructions regarding how to complete the forms. Each accident reporting package also contains a cover page with instructions on how and when to complete each form.
Q. If I am a teacher/consultant and I am injured what coverage do I have?
A. Teachers/consultants are not covered under Workers Compensation and therefore this group is covered only under the employee’s private insurance with Blue Cross. Please refer to your Blue Cross Health & Dental Benefits plan booklet.
Q. What forms require completion (Worker’s Report of Injury form, Employers Report of Injury form, company incident form, Occupational Health Assessment form - Functional Abilities component returned to employer), and when?
A. Each accident reporting package contains a cover page with instructions on how and when to complete each form. In summary:
- MSBA Accident/Incident Report Form – is required for all injured parties and must be completed for all accident/incidents the same day or next day.
- WCB green card – is completed by all non-teaching staff for all accidents/incidents the same day or next day.
- WCB worker accident report – is completed by all non-teaching staff when they seek medical treatment. The employee is required to return this form to the school office or supervisor the same day or no later than the next day after visiting their health care provider.
- Occupational Health Assessment Form – is completed by all staff when the worker will have modified duties/light duties or reduced work hours. Forms are returned to the employer the day of treatment or no later than the following day after treatment.
Q. How and when does the worker provide the completed forms to the employer?
A. The worker must provide the completed forms to their supervisor the same day/next day. The WCB workers accident report form must be completed by the worker the same day they seek medical treatment. The Occupational Health Assessment form is completed by the worker’s health care provider and both forms are returned to the employer the day of treatment or no later than the following day after treatment.
Q. Who forwards the forms to the WCB, and when?
A. Once the forms have been completed and handed in to the worker’s supervisor, the supervisor forwards all paperwork to the divisional Safety Officer. The Safety Officer is tasked with the duty of initiating the employee’s injury claim with the Workers’ Compensation Board (WCB). The school division has five days after the incident occurs to initiate the worker’s WCB claim. If the division does not initiate a claim within the five day grace period WCB holds the right to fine the employer for non-reporting.
The Safety Officer is the only staff member that can initiate a claim on your behalf. Although your doctor provides information to WCB regarding your injury and medical information, they do not initiate the claim process for you. If you attempt to go through your doctor to initiate a WCB claim, the school division will be notified by WCB that they have received claim from information received through a worker’s medical provider. WCB will then request the school division to initiate a claim. However, your claim can not be initiated if you have not reported the incident or have not completed and handed in the appropriate paperwork.
To ensure your claim is accepted and appropriately paid you must report your injury to your supervisor on time and in accordance with the accident reporting requirements.
Q. What happens if the Occupational Health Assessment form isn’t provided?
A. If the worker refuses to provide an occupational health assessment form completed by their health care provider, in a timely fashion or not at all, WCB will be immediately notified, and will be requested to provide information regarding the worker’s functional capabilities from their health care department. When this information is received by the employer the worker will be contacted and notified that they will be required to attend a meeting regarding their return to work plan. After the meeting the worker will be required to start work either the same day or next day. Please note that disciplinary action may apply if a worker refuses to follow the Division’s procedures for accident reporting and return to work.
RETURN TO WORK PLANNING:
Q. Can I use the RTW program for non-work related injuries?
A. Yes, the duty to accommodate under the Human Rights Act applies to both work and non-work related injuries. Please contact your supervisor to let them know you would like to return to work but will have work restrictions due to a non-work related injury. You will be required to have your medical practitioner complete the school division’s Occupational Health Assessment Form so that your supervisor understands your functional capabilities and can create a return to work plan for you.
Q. Who schedules the meeting, and when?
A. Your supervisor will schedule the return to work meeting immediately upon receipt of the occupational health assessment form or when information becomes available, either from you, your health care provider or WCB. Note: For teacher related injuries the MTS Disability Benefits Coordinator can also provide a range of support.
Q. Who should attend the meeting?
A. Typically the worker, the worker’s supervisor and the Safety Officer may attend the return to work meeting. You may ask your union representative to be present, but it is not required.
Q. Who determines what my return to work plan will entail and when does it start? How is suitable work identified?
A. Upon receipt of your Occupational Health Assessment Form, you may be required to meet with your supervisor and the Safety Officer to determine your return to work plan. You will be required to assist Pembina Trails to identify suitable work consistent with your job description and the functional capabilities identified on the Occupational Health Assessment Form. The occupational health assessment form contains important information regarding your specific restrictions/accommodations. That information is used to determine which of your job duties you can continue, which duties need to be modified and which duties are temporarily suspended until you are back to full strength.
Your return to work plan will be implemented immediately. You and your supervisor will be required to communicate regularly on your return to work plan and recovery of your injury. If your plan is not working, you are in pain or feel your injury is worsening, stop work and notify your supervisor immediately. At that time your plan will be re-evaluated and changed to prevent further injury.
Q. Who documents the RTW plan and submits it to the WCB?
A. Your return to work plan is documented on page two of the Occupational Health Assessment Form. All information regarding your return to work plan must be forwarded to the divisional Safety Officer. The Safety Officer will forward all information regarding your return to work to your WCB adjudicator.
Q. How and when does the worker contact the employer, and employer contact the worker?
A. During the first week of the injury the worker’s supervisor will be in contact with them on a regular basis to determine how they are coping with their return to work. After the initial week the worker will be required to keep their supervisor and WCB case manager informed on a weekly basis of their progress. Immediately advise your supervisor and WCB case manager whenever your health care provider changes your functional capabilities and when you have been released back to work for full duties.
Q. When a worker is unable to return to work due to surgery or debilitating injury who is responsible for maintaining communication, and how often?
A. The worker is required to keep their supervisor and WCB adjudicator up to date on their injury and claim information as soon as new information becomes available. In the event of a debilitating injury the worker shall maintain contact with their supervisor on a weekly basis and provide information on how their recovery is progressing.
IMPLEMENTING & MONITERING THE RETURN TO WORK PLAN:
Q. Who coordinates the purchase or modification of any necessary equipment and tools?
A. If you have a WCB claim for your injury, WCB will cover most expenses for your injury, including any braces/walkers/etc. that you may need. If you are not covered by WCB, your insurance company may cover the cost of some items. If you are being covered by MPI for a vehicle accident, MPI will cover the cost of most expenses for your injury. If your insurance company will not cover the cost of certain items that you require for work, the school, in consultation with the Safety Department and or school division, may cover the cost of these items. Note: Teachers should work with the MTS Disability Benefits Plan Coordinator for assistance in this area.
Q. Who communicates the RTW plan to any affected co-workers?
A. The employee’s direct supervisor is responsible to inform co-workers in the immediate area of the return to work plans while maintaining appropriate confidentiality requirements.
Q. What happens if any of the parties have concerns with the RTW plan?
A. If you are having difficulty with your return to work duties you must report any difficulties to your direct supervisor. If the supervisor is unable to resolve the dispute issue the Safety Officer may become involved. If the issues still cannot be resolved, WCB will be contacted to assist with the RTW.
Q. Does an injured worker have to accept the suitable work?
A. If an injured worker refuses the suitable work, they need to state their reasons why. The employee’s supervisor will notify the divisional Safety Officer and provide them with the information. The Safety Officer will assist the supervisor in rectifying the reasons for refusal. If the worker still continues to refuse the return to work the WCB adjudicator will be contacted. WCB will review and consider the return to work plan. If WCB disagrees with the injured worker and believes the work is suitable, the injured worker must return to work. If the worker still chooses not to accept the work, they risk suspension or termination of their benefits. If WCB agrees with the reasons the injured worker provides as to why the work is not suitable, the WCB will assist the employer to identify alternative suitable work.
Q. Can an injured worker return to work before they are fully recovered?
A. Yes! The purpose of the return to work program is to help the injured worker get back to work as soon as safe and medically possible. The reason for modified/light/or alternate duties is to assist the work’s return until they are fully recovered.
Q. What should I do if a worker returns to work with no restrictions but later requests reduced hours?
A. Refer to the worker’s functional abilities which can be found on the Occupational Health Assessment Form. If the worker has no restrictions there is no reason that they should need reduced hours. However, medical conditions do change. Ask the Safety Officer to contact the WCB adjudicator to ensure that there is no new medical information that affects the worker’s functional abilities.
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