Hurt in Ontario, live in New Brunswick - WCB questions

Discussion in 'Canadian Truckers Forum' started by Captain Canuck, May 26, 2014.

  1. Captain Canuck

    Captain Canuck "Captain of the Ship"

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    Woodstock, NB, Canada
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    Hey folks! A couple of weeks ago, I was fueling up at the Pass Lake J, tripped over the fuel hose, and went down square on my right knee, on a quarter sized rock that caught me square on the tendon. It's my throttle leg. Can't push, pull, or turn on it. I am listed at work as off indefinitely and am on crutches. There's a 6-9 month wait for MRI in New Brunswick, by which time I might be completely healed.

    Question #1: Worksafe wants to know if I want to file for comp benefits under Ontario or New Brunswick rules. What are the differences?

    Question #2: Complicating matters somewhat, I've been with the same company since February of last year, but I was an owner/operator then, and now I'm a company driver. The company says technically I've only been employed with them since March 28 of this year because my classification changed. Are they trying to pull a fast one, or can they actually say that, even though I can prove that my WCB premiums were piad by them last year?

    Any input you guys can offer would be greatly appreciated.
     
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  3. bobbyt

    bobbyt Medium Load Member

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    Can't really answer. But when I got hurt in Alberta (alberta company) and live in saskatchewan, I went under Alberta WCB. My MRI was within a couple weeks as compared to 8 months with my family doctor. It was a pain in the butt having to go to lloydminster for pyshio compared to my home town though.
     
  4. d281833

    d281833 Heavy Load Member

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    You don't carry your own disability insurance?
     
  5. magoo68

    magoo68 Road Train Member

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    my guess is they are saying march 28 to try to keep claim smaller as it is based on last so many hrs/weeks if im not mistaken
     
  6. Jigsaw

    Jigsaw Light Load Member

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    If you were employed by them when you were injured, it will go on their workmans comp. Now the percentage of benefits that you should receive may be different between Ontario and NB. I would at least call a WC attorney and get advice. Your benefits will be paid on your earnings for the specified period. If you were an O/O make sure you turn in those earnings when WC asked for it. Good Luck and Hoping you a speedy recovery.
     
  7. Prairie Boy

    Prairie Boy Road Train Member

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    Edmonton, AB
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    Both Provinces partake in a reciprocal agreement. If you claim in Ontario, they will pay you and New Brunswick where you paid the premiums will refund Ontario.
     
  8. Prairie Boy

    Prairie Boy Road Train Member

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    Edmonton, AB
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    Wrong, it's based on income. You could be on the job just one hour and got in a bad accident. Let's say you were paid $35.00 an hour and expected to work a 60 hour work week. 40 X $35. = $1400.00 20 at $52.50 = $1050.00 Total $2450.00 a week X 52 = $127,400.00 and say that WCB that year pay on a maximum of $75,000.00 Gross Earning. They will reduce the $75,000.00 by allowing for CPP, Inc. Tax and EI. Say 20%= That would leave you with $60,000.00 per year and they would pay you about 90% of that in weekly benefits. =$54,000.00 a year net to you.
     
  9. Pinner

    Pinner Medium Load Member

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    You won't be waiting long for a MRI if the claim is accepted.
     
  10. 2Girls_1Truck

    2Girls_1Truck Medium Load Member

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    Sorry to hear you are down for the count, waiting this out. That's really tough under any circumstances.

    The best advice is really to consult a lawyer about your rights. You can be DARNED sure that the company will and if you're not sure they are telling you the truth 100%, you deserve the piece of mind.

    In the meantime, http://worksafenb.ca has lots of info at a glance, as well as contact info to chat with a public servant about your particular situation and what the qualifications and designations of employee/contractor are for your case.

    Hopefully you get some answers and post back to let us know what they tell you! Also, hopefully you and your family are in a financially stable position to absorb this shock while you are healing.

    Best wishes!
     
  11. speers

    speers Bobtail Member

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    Do anything you can to avoid WSIB in Ontario!!!!!!!! I live in Ontario and had a bad accident in Alberta, Alberta was ten times better to deal with then Ontario.
     
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