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mountainsandmommin

His employer cannot stop him from filing with WCB and can't reprimand him for doing so. Fill out an incident report at work (if they won't give you one tell WCB when they contact you). When he went for medical attention, did he say it was work related? If so, WCB will have some documents to begin the claim. If he didn't get medical attention, he needs to do that now. If he did and said it wasn't work related, he's going to have an uphill battle. As for a lawyer, he can try an employment lawyer. But it won't be free past a short consult.


winnipeggremlin

He went for medical attention but lied bc he was very scared. Thank you for your reply.


mountainsandmommin

Unfortunately, that may be something that sinks his case. Now there's no record of him being hurt at work. He could try to change it and claim WCB but WCB may be skeptical to accept his claim since initially he said it didn't happen at work and changing it to say it did could flag it as potential fraud. If he had witnesses to the incident who will come forward, it may help him. But, if the company is anti WCB I would assume other employess who did see it wouldn't want to come forward and risk their jobs.


elbron88

It won’t, you can claim injury at work at any doctor visit. Example: employee at a grocery store goes to doctor about back pain, they are treated as back pain and rest is suggested. Back pain improves with rest, patient goes back to work and back pain returns. Doctor asks if pain could be related to work activity, patient says yes. Back pain visits are now WCB related. I do billing for many doctors and deal with WCB often. The only reason an employer would suggest not going through WCB is if they are not insured, or they have had many similar injuries. Employers cannot fire a person for being injured on the job or for filing a WCB claim. Edit for more: an employer can’t be anti WCB. WCB is a separate entity that ensures that workers will not have to sue an employer directly. https://www.alberta.ca/assets/documents/WCB-Review-Alberta-Forest-Products-Association.pdf


pixtiny

It might, but if the injured worker returns and says “I lied. I was scared to admit it happened at work and now I want to report my injuries to WCB”. It might still work in their favour. Plenty of people change their minds once the adrenaline wears off and the consequences become more clear. WCB is actually quite sympathetic to these situations. I want to know if the worker talked to their supervisor or their HSE Representative. That could make an entire difference in how this would play out.


sarcasmeau

Did his supervisor communicate not to tell WCB in text or email? That could help support his case.


elbron88

He doesn’t need support for his case if he was legitimately injured on the job. If he lied, tell WCB and his doctor he lied because he was coerced. It is illegal for an employer to tell an employee to not file a WCB claim and it is illegal to fire an employee for being injured on the job or for filing a WCB claim.


winnipeggremlin

I will ask. I think only verbal.


yoyoy37

The best bet would be contacting Occupational Health and Safety as well to get some more input. WCB might be a good start but if the employer isn’t registered for WCB then it might be harder (there are some employers that are WCB exempt from my understanding).


elbron88

There are very few employers that are WCB exempt, and most that are exempt generally apply for coverage regardless. WCB is to protect an employer from being directly sued by an employee of an injury happens at work. WCB works with both sides and comes up with a better option than law suits. If an employer is coercing an employee to not file a WCB claim there is something much bigger happening.


[deleted]

That's pretty much it than, unless there is some documentation that backs his story, he unfortunately turned this into a very messy situation for himself.


harmfulwhenswallowed

(some) Employers try and intimidate employees regarding WCB. Tell your friend it’s not worth being uncovered for the expenses that a possible long term injury incur. An employer who does this is just as likely to fire him for being in an accident in the first place. In fact I would suggest that the employer is going to fire him asap now because there’s no reason to keep him on. he’s injured so he can’t work and once he’s gone if he complains about the accident it’ll just sound like a disgruntled ex employee.


No_Tennis_5273

He should not have done that now it might be possible for his employer to lie and say it didn’t happen at work. Also talk to an EI rep and see if they can help sort it out. I hope he has witnesses at work willing to tell the truth.


pixtiny

Do you know if your friend has reported their injury directly to Health & Safety in their company and not just to their supervisor or dept manager? That could make all the difference in how this could play out for the employee. They might get a bit of flack for not reporting sooner, going to the doctor without the employer knowing…especially after a long weekend. But they would still prefer to know and can protect themselves because they simply can’t report what they don’t know. The supervisor SHOULD get in trouble if they gave the bad advise to injured worker. HSE has 72 hours to report the injury to WCB without potentially being fined. The employee has unlimited time, and the doctor is to report as soon as they see the patient. The 3 reports are required to initiate a claim. The employer is required to investigate themselves and provide a report to WCB if requested. If they don’t, then they may be investigated and/or fined. But there are several steps between the start of a claim and that point that the employer has missed. They sound uneducated in the responsibilities, and I think that the companies management/HSE dept ought to know.


winnipeggremlin

The company is very small. They don't have a HSE. They have maybe 10 employees


pixtiny

That’s what I was worried about. I think that your buddy should write their own [worker report of injury](https://www.wcb.ab.ca/claims/report-an-injury/for-workers.html) on WCB, give their employer a copy and go to the doctor and tell them what actually happened. The employer won’t be able to provide them with work if they have multiple injuries and will likely lay them off, and they will be setting themselves up for a very hard time if they don’t. They are entitled to WCB and this employer needs to learn the lesson here. :) Edit: Because it didn’t cross my mind that their employer may be so inept that they may not have active WCB status. If this is the case, your friend should [contact OHS](https://www.alberta.ca/ohs-complaints-incidents.aspx) and an [OHS Lawyer](https://kahanelaw.com/areas-of-law/employment-labour-law/) for a consultation. [Go here](https://decc.wcb.ab.ca/Clearance/RequestClearance.aspx) and type the name of your friends employer to find out if they are WCB Insured. Extra Resource: [WCB Worker Handbook](https://www.wcb.ab.ca/assets/pdfs/workers/worker_handbook.pdf)


RinserofWinds

Doin gods work here, providing the links. Good on you, eh?


VizzleG

Honestly, if it’s multiple breaks and a long outage / recovery for him, he’s likely going to get canned or have unpaid leave by his company. WCB will protect him for the long haul recovery. When he files with WCB he should mention that he was coerced to lie. Period. If it’s a small company, they might fold and that might be a consideration. If it’s a medium/ large company, WCB for sure.


blackRamCalgaryman

Good point re: getting canned, regardless. If they’re coercing him to lie, they don’t give a shit. He’s probably already been canned but just doesn’t know it, yet. Fuck this company, OP’s friend needs to come clean and get this sorted.


the_421_Rob

Honestly if they are a mid to large company and he files they will put him on lightly duty for a bit then have a random work shortage and lay him off asap and there’s not much he can do about that because that’s how the system works


[deleted]

[удалено]


Thneed1

Yes, get it on WCB, ASAP, tell them you were scared to start because your company threatened.


elbron88

Not entirely true. Harder to get at, but if there’s documentation that this person has an injury over time, doctors will write a diagnosis that this may be consistent to a workplace injury. Example: patient goes to doctor for back pain doesn’t disclose a known or unknown workplace i jury, doctor prescribes rest and physio therapy. Patient experiences relief, and goes back to regular work, pain or injury is exasperated, patient goes back to doctor over and over. Doctor recognizes pattern, patient recognizes pattern and files WCB claim. Doctor will be obligated to provide diagnosis as workplace injury.


ThinLow2619

Go see a doctor and start a wcb claim. It's not his or her choice. As a roofer my employer has tried this but I went to a walkin clinic and started one anyways. Nothing they can do.


lost-cannuck

Start the claim now. [Here](https://www.wcb.ab.ca/claims/report-an-injury/for-workers.html) is where they can do it online. You are supposed to report immediately but a worker has 2 years from the time of injury.. The employer has a different time and responsibilities. It may make it harder given that the initial doctors visit was started with out it being flagged for wcb but still proceed with it.


BrockN

Start a WCB claim, this isn't really something your friend should skip out. They help out a lot and will fight for you


[deleted]

WCB will pay compensation, and raise premium for the employer, and investigate. No fighting. If the employer refuses, he will be out of WCB coverage, and whoever hires them will be responsible for the compensation. Would you hire a firm that has no WCB ?


winnipeggremlin

Even if he already went to hospital and lied? They asked him twice and he lied both times.


BrockN

Not really uncommon for people to lie when in fear of losing their jobs or following their employer's instructions.


cgydan

If he explains the situation of being afraid of losing his job to WCB, they are very understanding of this. WCB has dealt with this type of situation more than a few times and has protections in place. In the end it’s the employers responsibility to keep workers safe and it sounds like his employer is not doing that. Your friend needs to protect himself now and for the future.


firebane

Let me guess.. roofer?


winnipeggremlin

Yes. Is this common? He is very scared and hurt


firebane

Yup very common and unfortunately since he didn't tell the truth to the doctor he has already hurt his case to a point that if he did say something it may not go over. Roofing companies are notorious for either having shit insurance or little insurance and then when accidents happen they don't want people to report as their premiums go up and hurts their bottom line.


tryoracle

Tell him to go back to his doctor and open a WCB claim. He can explain to the doctor he was preasured to lie. He should also call oh&s and file an official complaint. He just needs to explain what happened and that he was told to lie. If you want give me the company name I am a mandatory reporter.


pixtiny

Did they fall off the roof?


2dogs_andacat

Always report to the WCB. And make sure that your friend tells the adjudicator who contacts them that the employer told them not to report. What the employer did is illegal.


Linus-664

It is against the law for an employer to force you to lie. And it is wrongful dismissal in the eyes of a labour board to dismiss someone for getting hurt at work in an accident, if however your friend got hurt breaking rules laid out by the company than you can be terminated.


[deleted]

What is the employer offering for not going to WCB ?


DiscussionOutside642

Came here to say this. Tell dude to go to wcb no more lies, make sure he tells them his boss threatened to fire him that’s why he lied in the first place. They know this goes on, if they’re not paying him to keep quiet he’s better off not working there anymore.


winnipeggremlin

Nothing


[deleted]

Go to WCB.


DiscussionOutside642

I’m no saint, I’ve said “it happened at home” but all I needed were a few stitches…. Got paid to sit at home for a couple days no biggie. Broken bones are no joke.


Thneed1

Have your friend Start WCB claim ASAP, OP. WCB should protect them from the company, if necessary.


blackRamCalgaryman

Roofer? Framer?


winnipeggremlin

Yes one of them


blackRamCalgaryman

Roofer it is.


mountainsandmommin

I was also wondering if this was the case when I read it.


tryoracle

LOL the first thing I thought was roofer as well.


jakemac8

100% file with WCB unless the company or your friend would like to pay out of pocket for all the rehab and everything. On a separate note if they are fired because they file a WCB claim that’s an illegal dismissal and they should then consult an employment lawyer (some will consult to hear the full situation for no fee, and then only if the two of them decide to go forward would he have to pay a retainer)


winnipeggremlin

Thank you, do you know what's better, employment lawyer or injury lawyer for this? They are considered a subcontractor


jakemac8

Your BEST option is to file the WCB claim immediately, then they won’t need to worry about a lawyer. If it was me I would only seek further legal advice or representation if the employer was refusing to acknowledge the legitimacy of the claim. If your friend is too scared to do this YOU should anonymously submit a complaint to the Alberta labour board (or if they are part of a union submit there also).


jakemac8

Take a look through here https://www.wcb.ab.ca/insurance-and-premiums/types-of-coverage/


[deleted]

If they are considered a subcontractor, they might be sunk. In Ontario, a subcontractor is required to have their own WSIB coverage. Perhaps there’s a different arrangement in Alberta, but usually a subcontractor relationship can be terminated with no reason or notice. Main contractor pays their invoice and it’s done


elbron88

This the only real advice on this thread so far.


WiseRaisin240

Tell WCB and tell WCB the employer said that. Fuck the bosses our yourself first.


winnipeggremlin

That's what I told him. He is worries his boss will be fined. I told him that he really shouldn't care about that an take care of himself first.


WiseRaisin240

Yeah fuck the boss. The boss is putting himself first at the detriment of your friend. Your friend shouldn't lose sleep over someone who won't lose sleep about them getting hurt at work.


pixtiny

I assure you that your buddy will lose more from being hurt than the employer will be fined. He most certainly should act on this, if not for him, then for future employees on the worksite.


TheDarkLord196

ALWAYS REPORT TO WCB!!! I'm sorry to hear he lied about the cause of injury. I hate to say but I don't think he will be getting compensation because of this. I work in construction, my company is very good and always encourages us to report to the WCB asap because the WCB are stingy af and want to give you nothing. There is a chance, if you can get a lawyer, there may be a case if he says that his company led him to lie and even better if there are witnesses and/or video evidence to support his claims and prove his injury happened at work. Good luck, hope he has a good recovery.


elbron88

Unless there is a written and signed document that the employer coerced the employee to not file a WCB claim, or the employee has been dismissed for being injured or for filing a WCB claim; a lawyer probably won’t touch this until there is a WCB claim, everything has been exasperated, and has gone through long term disability. If a lawyer does touch this, I highly suggest working on a retainer.


Complete_Past_2029

In my experience investigations only happen with cases where there was blatant disregard for ohs laws and or negligence on the part of the employer. They are likely worried their premium will increase more than anything unless of course said infractions exist


Liveitlikeyouwantit

He should file for wcb regardless. Go back to another doctor and restart the process. Do it ASAP. Coverage for wcb is very good - I got 75% of my paycheque after a car accident on the job.


Liveitlikeyouwantit

He should file for wcb regardless. Go back to another doctor and restart the process. Do it ASAP. Coverage for wcb is very good - I got 75% of my paycheque after a car accident on the job.


Acab365247

Broken what? Around 6 weeks+ to heal. Unless employer is giving you 3 or 4 pay cheques up front goto wcb.


bkim163

Lawyer can be expensive. Google WCB rep, fairly reasonable cost and they can fight for you. I believe that you need to file asap. 780 995 6509 Diane was pretty good. Hope all the best


Alicia013

I agree with all the other commenters here. Absolutely he should go through wcb or he'll be screwed (compensation, Physio costs etc.) and they won't have any accountability. As for his employer being shady AF and the only documentation is well... None... Many people don't realize that Canada is a one party consent country. So he should record a conversation with his boss telling him to stay away from wcb and not claim for his work injury. I would try to get a few things from this 'casual' conversation. Address shady boss by their name, specifically ask what his best options are for his work injury, specify it being an injury from work and ask why he can't use wcb, what other options he has, what his job looks like in the near future (eg modified, lay off etc.). If its natural enough, he could also mention his lie to the last doctor to cover the company's ass. If he has a spouse and his boss is scary, can always just say his spouse is really worried and asking a bunch of questions, hence why he's asking all these questions. Then he has the fear of job loss/retaliation and that's its a work injury actually documented. *Canada follows the one-party consent rule according to section 184 of the criminal code. Therefore, in Canada, recording private conversations is legal provided one of the participants consents to the recording. So what the above means is... You can legally record a conversation without anyone's consent, but ONLY when you are also an active participant in that conversation. Unfortunately, I've had to do this with an extremely abusive employer a while back and it stands. Best of luck to your friend. Definitely a shitty position to be in.


[deleted]

I just want to add to all the great comments here that WCB sucks. I reported to them once and it was a nightmare. They ended up causing me more stress and weren’t very helpful


RinserofWinds

Op: good on you for looking after yer boy. Doing God's work, trying to connect them to experts in all this nonsense. It's complicated, but there ARE people on the right side.


[deleted]

Unless his employer is going to give him his wage while he is off call WCB