|dc.description||The Workmen’s Compensation Act was passed by the Legislature on May 1, 1914 and came into operation on January 1, 1915. It was drafted by Chief Justice Meredith. Prior to existing legislation the liability of the employer to the employee for injuries sustained rested on fault or negligence. If there was no negligence on the part of the employer, there was no liability.
The Ontario Act eliminated old common law doctrines and rested the right to compensation upon the existence of the employer-employee relationship. The Workmen’s Compensation Board of Ontario opened a centre at Malton, Ontario. The aim of treatment at Malton was to restore maximum function in the shortest time possible, with a minimum of residual disability. Services to reduce the period of hospitalization and offset deconditioning resulting from bed rest were put into place. Prevention of physical and mental inactivity was also a goal.
The first objective of the Workmen’s Compensation Board was listed as being assistance to the injured worker and to eliminate any friction or dispute that might arise between the employer and employee. Medical expenses entailed by hospitalization and disability were to be paid by the board. In the case of permanent and total disability, the worker would receive, under the form of pension, a sum based on his or her disability and on the salary drawn while on duty. The exact amount would be determined by the board. In the case of death resulting from an accident while on duty, the partner, and each child under 16 years of age would receive a monthly pension which would sometimes be equivalent to, but not exceeding the salary of the worker. The partner would receive this payment for 2 years but the children would receive the payments until they reached 16 years of age.
Today, the WCB is the WSIB which stands for Workplace Safety & Insurance Board. It works in this fashion: Employers contribute to a province-wide insurance fund. Injured workers are compensated by the WSIB on a “No Fault” basis. The employer has the right to contest an employee’s WSIB claim. The main focus of the WSIB system is to get the injured worker back to his or her work as soon as practicable. The worker and the employer must both work towards this goal.||en_US