Guest Blog: A call for mandatory WSIA coverage

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Follow the Loop Holes and Find the Poverty Trap

By Catherine Pluard

In July of 2004, I was working as a call-in-ECE at a private, not-for-profit childcare centre in the city and hurt my back while working. I went to see my doctor who told me to access physiotherapy and chiropractic care.

In 2004, OHIP coverage for these services was removed by the Dalton McGuinty Administration and, at the time, I was a single mother working two part-time jobs and going to school full-time, thus could not afford to pay for treatment.

I was able to scrounge up the $150 to cover fees for prescriptions but not able to afford to pay the full cost for the medical treatment I needed. My doctor explained that these fees would be covered/reimbursed under workplace insurance and to ask for an application from my employer.

I went and asked my employer for an application and found out then that the centre had no WSIB coverage because they were not required to have this coverage through the WSIA. They were also not required to have this coverage for provincial licensing under the Day Nurseries Act.

In September of 2007, my injury was aggravated again at work. I had an MRI on November 8th and found out that my injury was so severe that I could no longer work as an ECE  and had to quit my job. Not only that, but my disability now limits the work I am able to do in the field of Social Work- the degree I had worked so hard for and received in 2006. Because I had no medical coverage, no workplace safety insurance at my job and now no income, I still cannot access the medical care I need.

I called M.P.P. Dwight Duncan’s office and was initially told to apply for ODSP (the Ontario Disability Support Program).

Well, the relegation into poverty and becoming a burden of tax payers is not acceptable to me either. I am able to work; I just need a job that I can do. The representative told me that she would call me back when I was more rational.

She didn’t.

I called again and was told (and have been told since December of 2007) that my MPP will write a letter on my behalf requesting changes to the WSIA so as to include mandatory coverage for childcare workers.

That letter has not been written.

I also called a lawyer to find out what my individual rights were. He told me that in 2004, the McGuinty Administration changed the statute of limitations that a worker was able to sue their employer for wage replacement and medical costs from 6 years to 2 years. Now I have no means available to me to access medical care and this has been assured by the McGuinty Administration.

I wrote a letter to Dalton McGuinty asking for changes to legislation that put me in this position; and would be forwarded to Brad Duguid – the Minister of Labour.  I received a response  basically telling me, “sorry about your troubles but we’re not going to do anything short of noting your concerns.”

In my mind, this is unacceptable.

Of further note, in 2007, the McGuinty Administration put out a press release stating that they were officially professionalizing the field of Early Childhood Education. All ECEs will be required to register with the college in order to be considered an “ECE”. They will also be required to pay fees to the college, but their employers will not be required to protect them through the WSIA.

I want to know where my equal opportunity is. I worked hard for four years putting myself through school, raising a daughter alone and working two other jobs. I want to know why it is that our government has no other solution for me other than to relegate me into poverty again.

I want to make certain that this happens to no other childcare worker. How many spines is it going to take for this administration to admit they made grievous errors in judgment when they approved legislation that would render people disabled with no recourse? 

An online petition has been generated that you can sign if you feel that childcares should be included in the list of workplaces that requires mandatory WSIA coverage. 

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Correspondence from Dwight Duncan’s office:

Email of November 27, 2007

Email of November 28, 2007

13 Responses

  1. Is it because of the non-profit status that the daycare is not required to participate in the WSIB, or is this standard across the industry?

  2. Daycares are not required to participate/register with the WSIB unless they are municipally operated (run by the city).

    The daycare I worked at (Great Beginnings Campus Childcare) opted out of the insurance (so I was told) because it’s too expensive.

  3. That’s a terrible story and I believe it to be true. The provincial government has made tremendous errors in our health care system. Pretty soon you will know someone affected, if you don’t allready. I hope you have good luck, but you and I know we have limited useless powers when it comes to Canada’s democratic political system. Unless the bottom line is hindered, nothing will be done.

  4. The Mcguinty Liberals changed many items and did not inform people because they do not have to. They have put health at risk for revenue streams. Such as dropping Chiropractic care.

    WSIB increases every year and they have a mandate to decrease the health care coverage. Seen the commercials?
    They do tell employers on their web site but have no obligation to inform the workers or employers formally of changes or that they they have no coverage.

    The WSIB also threatens, yes they do threaten, employers about mandatory coverage subsequent to fines and possible jail time.

    The WSIB says if you have payroll the employer must submit premiums regardless of occupation until a ruling “officially”.
    You can purchase coverage from them through your employer, however they do not tell anyone that formally. You have to look for it.

    http://www.wsib.on.ca/wsib/wsibsite.nsf/public/EmployerRegisterWSIB#Register

    It is a task.

    I have had many dealings with WSIB and the best advice I can give you is do not get mad, but go into thier office and cry tears.

    Two former employees did that with success.

    You see past employees that really NEEDED help such as yourself were passed over. One was told since they can sit up and eat they can work. Also please note if they do deem you healthy to work at ANYTHING, even a fast food place you will be cut off. If there is no job avalailable locally you would be asked to move if one was available somewhere in Ontario. This I can state from experience.

    They want to close files and get on with others. They do not want to keep them open forever.

    I hope you recover fully.

    This government has made so many critical cuts and added so much cost to employers, many business’s have been forced to cut back and even close because of the tax burdens like WSIB.

    I will sign the petition but it will most likely fall on deaf ears. By the way they did implement a loss of hearing category that can go back many years. Politicians instituted that coverage for themselves.

  5. I have called that office numerous times since my injury and was treated with great respect and concern. They can’t help me because of the stipulation about private daycares not having to register and my employer wasn’t registered.

    As an employee of that childcare making less than $14/hour with no extended health benefits, I could not have possible afforded to pay into this myself for personal coverage.

    What boggles my mind is that my employer stated that Early Childhood Educators should expect to be hurt by children in a labour/management meeting, specifically called to discuss worker injury, (punched, kicked, bitten, etc.) and STILL chose not to instate this coverage. This meeting was called after I was bitten by a child and was left with a bruise measuring over two inches in diameter. What I don’t think people realize is exactly how dangerous this profession is. It’s not something that ECEs are told in their training classes. I worked with no less than three other women who had work related back problems.

  6. ‘You see past employees that really NEEDED help such as yourself were passed over. One was told since they can sit up and eat they can work. Also please note if they do deem you healthy to work at ANYTHING, even a fast food place you will be cut off. If there is no job avalailable locally you would be asked to move if one was available somewhere in Ontario. This I can state from experience.”

    I have seen all of the above also… It’s a shame. Our NEW legislation says the employer must supply alternate employment if you can do it. it is not a good thing for the sick people but it is a moneysaver for the government. And there it is… exactly the way the provincial government cares for it’s workforce. And all behind our backs proly…

  7. As you have found out Catherine the fees are quite expensive. Imagine what the employer must face in this province with no alternatives. It is a tax burden NOT a protection or insurance.

    The employer must, according to Health and Safety, make the workplace a safe one for the worker to prevent injuries and warn or train employees on hazards.

    If it is an ongoing situation I would call the local Health rep and see if he/she could force the employer or strongly suggest some kind of cost sharing for health care costs or WSIB.

    If you were not warned prior to and they knew of the dangers then they can be held liable. It is legislated.

  8. My goal is to make having coverage in these childcare centres mandatory through legislation.

    An ECE advocacy organization I contacted suggested that I go through the Ministry of Children and Youth Services and suggest changes to the Day Nurseries Act so as to make coverage mandatory in this way. That’s my next letter.

  9. I’d venture to say that a sizable portion of WSIB costs are paid by small to medium-sized businesses.

  10. I think to make coverage mandatory would bankrupt them. This is the mess the Liberals have made. Doesn’t anyone see our rights to free health care dwindling? I should say dissappearing… They will keep it up for as long as we let them.

  11. I believe that to leave ANY workers unprotected in the workplace is a crime.

  12. “Doesn’t anyone see our rights to free health care dwindling? I should say dissappearing.” What about municipal taxes being spent to recruit doctors/specialists? I guess hospital levies are no longer sufficient at the municipal level.

  13. Well i can really sympathize with you as I too work in an industry that the government has given free reign to do whatever they want and that is the call center industry. The government does not require them to pay into it, and i was recently hurt on the job..my doctor has ruled cannot return..now i have to sue…when company brags of the millions who is the government protecting..me?..the only thing i want to do is provide for my family…and guess who is getting the big tax breaks me or the guy with the millions…so now i am broke…hurt…and completely disillusioned by this so call fair system we live under…..and yes i too wrote my mpp and his great response was to send me the link to the wsib showing why they did not have to pay into wsib…..gotta love a government who listens…..telling me what i already knew…maybe he thought he was telling me what i wanted to hear…must be getting close to elections hahahah

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