National Charter Class Claim
Donation protected
The purpose of this fund raising initiative is to help workers injured while working in Canada and save Taxpayers Billions!
Hi,
My name is Paul Taylor and I am attempting to raise money to cover the costs associated with filing a National Charter Class Claim, which is being filed against all of Canada's Workers Compensation Boards and Workers Compensation Appeals Tribunals.
The hope is to have the National Charter Class Claim filed in each province and territory in Canada. Presently, we have filed it in Ontario and British Columbia.
The purpose of the National Charter Class Claim is to seek Charter damages for and on behalf of workers who have suffered injuries while working in Canada. This is because those workers have had their legitimate RIGHT for workers compensation benefits denied based on one or all of the following methods used by Canada's workers compensation boards and tribunals:
1. DEEMING/DETERMINING:
Deeming/Determining is where an individual’s legitimate claim to workers compensation benefits have been reduced or suspended. This is based solely on fictitious jobs, which the workers compensation boards and/or tribunals claim individuals can do, when they cannot. Or that these jobs are available for the individuals to do when none exist.
As a result, it is argued that this unlawful practice infringes the section 2b, 7, 12, 14 and 15 of the Charter Rights of workers injured while working in Canada.
2. FAILING TO LISTEN TO OUR DOCTORS:
This is when Canada's workers compensation boards and/or tribunals will completely and total disregard a worker's doctor's reports diagnosis and prognosis. Canada's workers compensation boards and/or tribunals will also use their "paid doctors" to not surprisingly provide exactly what they want when it comes to diagnosis, prognosis and ability to function. Most times these doctors will NEVER even see, let alone examine, the injured worker. These type of doctors have been called "paper doctors".
As a result, it is argued that this unlawful practice infringes the section 2b, 7, 12, 14 and 15 of the Charter Rights of workers injured while working in Canada.
3. USE OF PRE-EXISTING CONDTIONS:
This is when Canada's workers compensation boards and/or tribunals would claim a pre-existing age-related or other unrelated to work condition existed, when none did. Canada's workers compensation boards and/or tribunals would falsely claim that this alleged pre-existing condition is the reason the individual is not fully recovered. The purpose of which was so Canada's workers compensation boards and/or tribunals could and did reduce or suspend the legitimate entitlement to workers compensation benefits.
As a result, it is argued that this unlawful practice infringes the section 2b, 7, 12, 14 and 15 of the Charter Rights of workers injured while working in Canada.
4. INTENTIONAL SYSTEMIC DELAYS:
This is when Canada's workers compensation boards and/or tribunals have unlawfully denied the lawful speedy entitlement to determination and payment of workers compensation benefits. It is a insult to those workers injured while working in Canada, as Canada's Courts have refused to acknowledge their right to sue their employers is a Charter infringement on the alleged grounds of speedy determination and payment of benefits.
It is extremely important to note that workers compensation is NOT funded by taxpayers, it is solely funded by employer paid premiums!
As a result, it is argued that this unlawful practice infringes the section 2b, 7, 12, 14 and 15 of the Charter Rights of workers injured while working in Canada.
5. UNLAWFUL USE OF AGE:
This is when Canada's workers compensation boards and/or tribunals have unlawfully denied or reduced entitlement to workers compensation benefits solely based on a person age being close to or past the age of 65.
It is extremely important to note that workers are injure din Canada and are over the age of 65, as many workers continue to work past the age of 65, they will NOT receive any workers compensation benefit simply because they are over the age of 65!
As a result, it is argued that this unlawful practice infringes the section 2b, 7, 12, 14 and 15 of the Charter Rights of workers injured while working in Canada.
6. HARMS FROM DEALING WITH THE WORKERS COMPENSATION SYSTEMS:
Often many workers injured while working in Canada would develop post traumatic stress disorder and other psychological injuries, as well as physical injuries from a failure of Canada's workers compensation boards and/or tribunal to deal with matter sin a respectful and humane way.
As a result, it is argued that this unlawful practice infringes the section 2b, 7, 12, 14 and 15 of the Charter Rights of workers injured while working in Canada.
COST TO TAXPAYERS:
Often many falsely believe that workers compensation is funded by taxpayers. However, it is NOT. Canada's workers compensation system is solely funded by employer paid premiums. This is because workers were barred form suing their employers. This is commonly known as the Historic Trade-off
Therefore, when a worker is injured while working in Canada and is paid workers compensation benefits, it does NOT cost taxpayers.
However, when Canada's workers compensation system fails to provide for workers injured while working in Canada, then it costs taxpayers untold billions of dollars. This is because those workers are unable to work and are then forced to use taxpayer funded social programs. Some examples are social assistance, Canada Pension Plan, student loans & grants, hospitalization insurance plans, housing subsidies, and many more.
To provide a partial understanding into the failure of Canada's Workers Compensation system and is transfer of costs onto the backs of taxpayers. For example, in Ontario it was discovered through freedom of information request that on average each month approximately 4,500 injured workers are forced onto Ontario's taxpayer funded social assistance income programs. This costs Ontario taxpayers more than $30 million annually.
This is a very conservative estimate as these injured workers are those receiving partial workers compensation benefits. The estimate does not include those injured workers on social assistance not receiving any workers compensation benefits.
The monies raised will be used for photocopying, courier costs, court filing fees, and other associated costs with filing and defending the National Charter Class Claim. If there is enough monies a law firm will be hired to represent the group of workers injured while working in Canada.
For more information on the National Charter Class Claim check out the webpage dedicated for it:
To obtain regular updates on the the National Charter Class Claim go to the following webpage to register to get updates:
Organizer
Paul Taylor
Organizer
Hamilton, ON
