Air Canada employee who fell on stairs in her home eligible for workers compensation
#1
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Air Canada employee who fell on stairs in her home eligible for workers compensation
Interesting arguments.
National Post - Dec 21 2021
https://nationalpost.com/news/canada...ensation-judge
National Post - Dec 21 2021
https://nationalpost.com/news/canada...ensation-judge
#3
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Agreed - that seems completely fair. But it will raise questions about how home environments measure up in terms of compliance with safety standards and such. Lots of lawyers will get new cars out of this.
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I actually find this a little odd. My immediate response was going to be along the lines of an actual quote from the article:
So if I fall down the stairs at a TTC station (or an equivalent in Quebec) on my way to the office, my employer is responsible?
This ruling clarifies that even within your home, if you experience an injury during your transit to and from your workplace, then it is considered like you were at your formal workplace.
#5
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I've worked at home for years for an online division of my university. The employer definitely pays workman's comp premiums for me, so that should mean that I am eligible when working at home or even working on the road. As far as I know it has never been tested, though, and I can't see how it would apply to COVID.
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Yes, probably, it seems that commute to and from work counts....
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As far as I know, no Canadian jurisdiction had made the same determination.
#12
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This does seem bizarre.
If you trip down the stairs in the office, it's usually because someone has been negligent. Poor design, an item placed in the wrong spot, etc. It's likely that company policies or lack of enforcement led to that negligence.
If you trip down the stairs in your own home, what could your employer have done to prevent the incident? What can they do differently so that it doesn't happen again?
If you trip down the stairs in the office, it's usually because someone has been negligent. Poor design, an item placed in the wrong spot, etc. It's likely that company policies or lack of enforcement led to that negligence.
If you trip down the stairs in your own home, what could your employer have done to prevent the incident? What can they do differently so that it doesn't happen again?
#14
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As I said upthread, reading the court document would clear up lots of confusions.
Based on what I read in the news article and my (very limited) understanding of employment laws, the case wasnt about AC being responsible for the workers injury, its about whether AC should offer workers compensation to the employee. Being ordered to offer workers compensation doesnt mean AC is fully responsible for workers injury.
Based on what I read in the news article and my (very limited) understanding of employment laws, the case wasnt about AC being responsible for the workers injury, its about whether AC should offer workers compensation to the employee. Being ordered to offer workers compensation doesnt mean AC is fully responsible for workers injury.