Illness or Injury An employee may utilize accrued paid leave when he or she is unable to perform his or her work duties by reason of illness or injury, necessary medical or dental care, exposure to contagious disease under circumstances in which the health of the employees with whom the employee associates or members of the public necessarily dealt with by the employee would be endangered by the attendance of the employee, or by illness in the employee's immediate family.
Bodily Injury Bodily injury means death, disease, illness, physical and mental injury of or to an individual.
Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding twenty-one (21) calendar days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter.
INJURY ON DUTY (a) All employees shall be covered by The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (b) An employee who is unable to perform the employee’s duties because of a personal injury received in the performance of the employee’s duties shall report the matter to the employee’s Supervisor and submit an account of the accident using the prescribed form as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor. (c) An employee who is unable to perform the employee’s duties because of a personal injury received in the performance of the employee’s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. If the claim is subsequently denied by the Workers’ Compensation Commission, the employee may access other available benefits including sick leave and annual leave. (a) In the event that the employee dies as a result of an injury received in the performance of the employee’s duties, the employee’s estate shall receive all death benefits owing to the employee in accordance with the provisions of the Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act. (b) In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance of the employee’s duties the employee will receive benefits in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 35, Layoff, Bumping and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.
No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.
Personal Injury 22.1 The Vehicle has third party personal injury insurance cover. It is likely that any other vehicle involved in the accident also has third party personal injury insurance cover. 22.2 Depending on the circumstances of the accident, You may be entitled to claim for Your personal injury against the third party personal injury insurance of the party which is responsible for the accident. Details of the third party personal injury insurer for the Vehicle are set out in the registration details of the Vehicle.
Injury 22.01 Where an employee is injured at work during the performance of his duties and responsibilities as a result of which he cannot complete the balance of his shift and has reported such injury to the Company, he shall be sent home and paid for the balance of his shift at his regular straight time hourly rate.
NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE
Illness in Family A leave of absence without pay consistent with the Family Leave Act of up to one (1) year shall be granted for the purpose of caring for a sick member of the employee’s immediate family. Additional leave may be granted at the discretion of the Board.
No Punitive Damages If any dispute arises regarding the application, interpretation or enforcement of any provision of this Agreement, including fraud in the inducement, the parties hereby waive their right to seek punitive damages in connection with said dispute.
