Workers

If a workplace accident occurs, what do I need to do?

Get first aid if you require treatment for the injury.

When you see a physician or a nurse, be sure to tell them that you were hurt at work. This will ensure that medical reports relating to your claim are sent to theWCB.

Report the details of the accident and injury to your employer or supervisor immediately.

Complete a Worker's Report of Accident form and mail, fax or deliver it to the WCB office. The form is available from the WCB office, from the WCB website or from your employer.

If a workplace accident occurs, what does my employer need to do?

Provide you with first aid if you require treatment for the injury.

Provide you with transportation to the closest doctor, hospital or medical centre, if you need it.

Complete the Employer's Report of Accident form and provide you with a copy.

Submit the completed report to WCB within 3 working days of the injury to avoid a penalty.

What is the claim process?

The claim process determines the level of benefits you may be entitled to receive from the WCB when you have an accident at work. Benefits are compensation for wages lost while recovering from a work injury, medical care and other non-monetary benefits, permanent disability awards (pensions) and other services such as assistance returning to work, prescriptions and various out of pocket expenses.

The claim process has 4 steps:

• the claim is filed
• the WCB determines whether or not your claim meets the criteria to be approved
• benefit rates are calculated
• our decision is sent to you

What does the WCB need to consider my claim?

• The Worker's Report of Accident form.
• The Employer's Report of Accident form.
• A medical report describing your condition and the medical treatment recommended.

Can I agree with my employer not to file a claim?

No. It is legislated that all workplace accidents must be reported to the WCB, even if you don't lose time from work.

When does compensation begin?

Compensation will begin when your claim is accepted by the WCB. The WCB then decides what benefits you get.

What happens if my claim is not accepted?

The WCB sends you a decision letter to tell you the reason your claim was denied.

If your claim is denied, you can appeal the decision. The appeal process is explained with your decision letter.

How is my compensation benefit determined? Do I pay tax on this amount?

The WCB pays you 90% of your net earnings up to a maximum amount called the
YMIR - Year's Maximum Insurable Remuneration. YMIR is decided each year by the WCB. YMIR for 2006 is $67,500.

Although benefits are not taxable, they are included in total income for some calculations. The WCB will issue a T-5007 information slip which you should include with your tax return.

What does the WCB need to know about my employment earnings?

If you are employed in a permanent position or term employment greater than one year, the WCB needs to know what you would earn annually at the time of the accident.

If you are employed in a seasonal and/or non-permanent position of less than one year (subject to lack of work layoffs), the WCB needs to know your gross earnings for the 12 months prior to your accident.

If you are an executive officer or self employed person and have registered with the WBC and taken out Personal Optional Coverage (POC), the amount of POC you have taken out is used to calculate your compensation rate.

When do I start getting WCB compensation benefits?

Most people receive their first cheque within 25 days of their accident. You will be paid starting from the first day of work that you miss because of your injury. You are not paid for the day of the accident.

How often do I get paid?

Generally you get paid every 2 weeks. If your employer pays you while you can't work, your compensation benefits go to your employer.

What out of pocket expenses am I covered for?

You will be reimbursed for regularly scheduled public transportation costs to attend medical appointments or other WCB approved appointments that are required as a result of your injury. Submit original receipts to the WCB for consideration of reimbursement.

The WCB will pay an allowance to cover the cost of overnight commercial accommodation and a meal allowance when you are required to attend medical or other WCB approved appointments out of your home community. The costs are to be pre-approved by your adjudicator or case manager. The WCB requires a receipt for accommodations.

The WCB will reimburse you for prescription drugs that are necessary for the treatment of your injury. Submit original prescription receipts to the WCB within 60 days of issuance of the drug for consideration of reimbursement.

The WCB provides payment for hearing aids, prescription eyeglasses, dentures, orthotic devices and various medical appliances and equipment when they are necessary because of a work injury. Contact your adjudicator or case manager for pre-approval of costs or to discuss other out of pocket expenses not outlined in this section.

What are my responsibilities while receiving compensation benefits?

Inform your adjudicator or case manager of your progress and upcoming tests or examinations every two weeks.

Follow the treatment plan developed by your health care providers. Ask your health care providers to send reports to the WCB Northwest Territories and Nunavut.

Discuss your progress with your physician so you understand when you can return to full or alternative work duties.

Advise your adjudicator or case manager of any situation or other medical conditions that might affect your return to work.

Regularly discuss your progress, or the expected return to work date, and if necessary, alternative work options, with your employer.

Tell your adjudicator or case manager when your doctor tells you that you are able to return to work.

Advise your adjudicator or case manager if you will be leaving the Territory or are moving out of the Territory.

Employers

What must I do if a worker is injured?

The employer must:

• Provide first aid;
• Provide transportation to the closest doctor, hospital or medical centre;
• Submit an Employer's Report of Accident to the WCB within 3 working days from the time you become aware of an accident;
• Keep an accurate account of the accident (This is required even if your worker did not lose time from work);
• Provide a copy of the Employer's Report of Accident to the injured worker; and
• Provide an Accident Investigation Report to the WCB's Prevention Services Division. (Fatalities and mining accidents must be reported immediately. All other accidents, regardless of any injury, must be reported within 24 hours).

What can I do to get my employee back to work?

An employer can offer alternative work options until the employee has medical clearance to return to full duty. Advise the adjudicator or case manager of the availability of alternate work duties.

Keep in regular contact with your employee and the WCB adjudicator or case manager handling the claim.

What can I do if I do not agree with the claim?

If you do not agree with the claim, provide the WCB with your reasons when completing the Employer's Report of Accident form.

If you disagree with a decision that has been made on a claim, you may request a review of the decision by the review committee.

How can I avoid a late reporting penalty?

When a worker reports an accident or you learn that a worker has sustained an injury or has been killed, you must submit your completed Employer's Report of Accident to the WCB within three working days.

When requested to do so, respond to the WCB's request for further information within thirty days. In doing so, you can avoid paying the cost of an investigation conducted by the WCB related to this matter.

An employer who does not submit an accident report, or other information as required, may be subject to a penalty:

• $250 for the first or second failure in a 12 month period;
• $500 for the third or fourth failure in a 12 month period; or
• $1000 for the fifth or any subsequent failure in a 12 month period.

I am self-employed in the territories but I do not have workers in the Northwest Territories or Nunavut and will not be issuing contracts in either of the territories. Do I have to register with the WCB?

Not in the Northwest Territories.

Self-employed persons must register in Nunavut as a condition of obtaining their municipal business license.

Does the interjurisdictional WCB agreement cover workers in the Northwest Territories and Nunavut?

The agreement gives injured workers, who work in more than one WCB region, the right to select which WCB they will receive compensation from. The key is you must be registered in both regions.

How can I make payments on my WCB account?

You can use your VISA, Mastercard or pay by cheque or cash. We do not encourage sending cash through the mail so cash payments should only be made at one of the WCB offices.

I have workers in both the Northwest Territories and Nunvaut. Do I have to report seperate payroll amounts for each territory?

The Inter-Governmental Agreement on a shared WCB requires employers to maintain payroll records for both the NWT and Nunavut. Employers must report assessable payrolls based on workers' usual place of continuous employment.

What is a Certificate of Compliance?

The municipalities in Nunavut require that an applicant for a business license must confirm they are registered with the WCB. This certificate is supplied upon request by the applicant.

What does Good Standing mean?

Good Standing means that you, as an employer, have completed and returned the Employer Payroll Statement and your WCB account is up to date. Also, self-employed accounts which have optional coverage are up to date in payments.

Do I have to pay my assessment all at one time?

If your assessment is $1000.00 or more for the year and your account is in good standing, you will be given an installment plan. The number of installments will depend on the time of year you are assessed.

If you register as a new employer during the year you may have an installment plan but the number of installments will depend on when you register.

All installments payments must be received by the WCB on or before October 1.

If you are a seasonal or term operator, contact the WCB to determine whether you qualify for an installment plan.

I have not had a WCB cliam for a number of years but my rate keeps increasing, why is this?

The WCB operates on a collective liability principal to protect employers from high costs if workers have accidents in their workplace. This means that employers are grouped according to risks and actual claims costs and a rate is determined for these employers as a group. If one or more employers in your group have claims cost then the liability is spread over all of the employers in the group.

I was hurt on the job, can I sue my employer?

No. One of the underlying prinicpals of the WCB system is that the employer pays the full cost of the WCB coverage to ensure that workers will be provided with necessary care, treatment and compensation for wage loss. For this protection, the worker gives up the right to sue the employer should they be injured.

How can I find out what the rates are for all employer subclasses in the Northwest Territories and Nunavut?

You can visit our website or contact one of our offices and we will send the current Rate Guide to you.

How can I get help completing forms and reports for WCB?

You can contact the WCB office using the toll free numbers in either Iqaluit for Nunavut, 1-877-404-4407, or Yellowknife for the Northwest Territories, 1-800-661-0792. We will assist you during business hours, which are, 8:30 am to 5:00 pm Monday through Friday.

What is YMIR?

YMIR is the Years Maximum Insurable Remuneration. This is the maximum amount of earnings, for a worker, that can be insured through the WCB sustem. Any amount paid to an individual worker over the YMIR must be deducted when reporting payroll to the WCB. Assessments are calculated on the lower amount.

It is also the maximum that is used to calculate what an injured worker can receive from the WCB.

Why are employers audited?

Employer audits are an ongoing process to ensure that employers report their payroll correctly. The auditors often find employers who have reported more payroll than they should have which results in reduced assessments or funds. Other audits discover under reported payroll and these employers are assessed for the increased amount.

Audits are usually scheduled for larger employers but the WCB can ask to have any employer audited.

A number of years ago I did work and had workers in the territories. I am now returning to work and have workers again. Do I have to open a new account?

It is not necessary to open a new account. Your old account can be reactivated. To do this, you need to contact the WCB office and complete a Reactivation Account form.

If I have coverage with my home Board, do I have to register with the WCB of the Northwest Territories and Nunavut?

If you are performing any work in the NWT or Nunavut, you are required to register with our Board and report the wages of any workers while they are here. You do not report these wages to your home Board for that period so there will not be duplication of assessments.

Our company will only be working in the Northwest Territories or Nunavut for 2-3 days, do we still have to register?

Yes. If you are here for only 1 day you are required to register with us.