INJURY LEAVE 22.01 When an employee is injured in the line of duty, he shall be eligible for a paid leave not to exceed ninety (90) calendar days per incident. In order to be eligible for injury leave, the employee shall file a Workers Compensation claim for lost wages, i.e., temporary total disability, and shall sign a waiver assigning to the City all sums received by the employee from Workers Compensation for lost wages to a maximum of ninety days or the amount of injury leave benefits advanced by the City. In the event Workers Compensation ultimately denies benefits to the employee, after the employee has exhausted all available appeals and administrative remedies provided under the Worker Compensation Act, then the employee shall reimburse the City one-half (1/2) of the injury leave received through reduction of all accrued leaves, current or future.
22.02 If at the end of this ninety (90) calendar day period the employee is still disabled, the leave may, at the Employers sole discretion, be extended for additional ninety (90) calendar day periods, or parts thereof.
22.03 The Employer shall have the right to require the employee to have a physical exam by a physician appointed and paid by the Employer resulting in the physician's certification that the employee is unable to work due to the injury as a condition precedent to the employee receiving any benefits under this article. The designated physician's opinion shall govern whether the employee is actually disabled or not, and for the period in which the employee is disabled, but shall not govern whether the Employer shall extend the period of leave or if the injury was duty related. If there is a conflict between the employee's and Employers physicians, a third physician shall be consulted whose opinion shall govern. This third physician shall be selected by a mutual agreement between the Employer and the employee, who shall share the costs equally.
22.04 If the attending physician(s) of an employee so certifies that the employee may return to temporary light or temporary restricted duty, the City, at its discretion, and if the City has suitable work for such employee, may assign the employee to light duty work.
22.05 All employees are subject to the City's Transitional Work Program Policy.
Injury Pay If an employee is injured on the job and his supervisor excuses him from further duty for the balance of his shift, the employee's regular rate of pay shall continue for the balance of that shift and there shall be no deduction from sick leave or other credits.
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.
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.
Injuries In the event of an incident or accident involving outside medical care for an individual on or near the Work, Contractor shall notify the ODR and other parties as may be directed within 24 hours of the event.
7.4.1 Record the location of the event and the circumstances surrounding it, by using photography or other means, and gather witness statements and other documentation which describes the event.
7.4.2 Supply the ODR and A/E with an incident report no later than 36 hours after the occurrence of the event. In the event of a catastrophic incident (one fatality or three workers hospitalized), barricade and leave intact the scene of the incident until all investigations are complete. A full set of incident investigation documents, including facts, finding of cause, and remedial plans shall be provided by Contractor to Owner within one week after occurrence, unless otherwise directed by Owner’s legal counsel. Contractor shall provide the ODR with written notification within one week of such catastrophic event if legal counsel delays submission of a full report.
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.
Injury on Duty Leave An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where it is determined by a Workers' Safety & Compensation Commission that he/she is unable to perform his/her duties because of:
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.
On-the-Job Injury (a) If an employee is injured to such an extent that they are obliged to cease work, their wages will continue for the balance of the day on which the injury occurred.
(b) The Company shall furnish adequate emergency transportation to and from the nearest suitable doctor or hospital for any employee injured or who has become seriously ill while in the Company’s employ.
