5 pages/≈1375 words
Work Place Safety Insurance Board Tribunal in Ontario (Research Paper Sample)
Research Assignment for Tribunal Practice and Procedure, you shall research your assignment and gather the information necessary to explain the practice and procedure of that tribunal. the research project should include but not limited to the following - enabling statue - service requirements - time limits - parties - rules with respect to witnesses - permissible evidence - Types of relief the tribunal can grant - Sample decision This is a WSIB Tribunal WorkPlace Safety Insurance Board in Ontario Please use content with respect to that jurisdicdtion source..
Work Place Safety Insurance Board Tribunal in OntarioÂ
1.0 Enabling statute.
The operations of the tribunal are guided by the Workplace Safety and Insurance Act, 1997. The Act aims at promoting safety and health of workers in their workplaces. It also enables recovery and return to work of any workers who have been injured in the workplace and those suffering form occupational diseases. The Act also facilitates and ensures spouses of deceased workers can be able to enter the job market. It also ensures that the beneficiaries of deceased workers are fully compensated and are able to access any accruing benefits.
2.0 Service requirements.
All employers who hire workers and their industry of operation is among those that are compulsorily covered by the Act are supposed to register with the Workers Service Insurance Board. They must register within the first ten days from when they hired the first worker. Those who purchase any compulsorily covered business must also register with the board within the first ten days. Those purchasing businesses should get a purchasing certificate from Workers Insurance Service Board (WISB). This certificate ensures that the purchaser does not inherit any liabilities from the WISB. Failure to obtain a purchasing certificate from the board implies that the new owner of the business inherits the predecessor`s accident history and any financial obligations. All businesses that hire one or more employee must register as employers with the WISB. Independent operators, sole proprietors and partners can apply for registration under optional insurance. The decision of whether the application will be accepted or not lies with the WISB.
2.0.1 Coverage: all workers are covered by the Workers Service Insurance Act. A worker is defined as anyone who is employed on contract of service or apprentice ship. The employer must be conducting business as listed in schedule 1 and schedule 2 of the Workers Service Insurance Act. Domestic workers who are directly hired by households and work for more than 24 hours for one family in a week are also covered under the Act. These include baby sitters, cooks, gardeners, companions and even handy persons (Douglas, 2010).
2.0.2 Claimants: if a worker suffers disease, death or injury arising out of and in the course of employment, the worker or the dependants can lodge a claim with the Workers Insurance Service Board. However, there are three conditions that must be met. The employer of the injured or deceased worker must be subject to compulsory coverage under the Workers Service Insurance Act, the individual should qualify as a worker under the Act and the accident must have occurred in Ontario. If the injury happened outside Ontario, then the conditions specified in schedules 18 to 20 of the Act must be met.
3.0 Time limits
The Workplace Safety and Insurance Act provides for a period of between 30 days and 6...
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