ATTORNEY RONALD M. CANTER

Ordinarily an employee who qualifies for Worker’s Compensation benefits may not file a personal injury suit against the employer. There are two narrow exceptions where Worker’s Compensation preemption might not apply, and an employer might be subject to lawsuit:

When an employer intentionally causes injury to an employee.

When an employer is required to carry Worker’s Compensation coverage but fails to do so.

This exception for intentional acts is very narrow. It is not ordinarily enough that an employer creates conditions where there is a very high probability that an employee will be injured. Ordinarily the employer must have committed a specific act intended to cause injury to the employee.

RON M. CANTER LAWYER

Each commissioner shall, during his first year of service as a commissioner, receive an annual salary of six thousand dollars less than the highest step level of a Superior Court judge; during his second year of service as a commissioner, each commissioner shall receive an annual salary of five thousand dollars less than the highest step level of a Superior Court judge; during his third year of service as a commissioner, he shall receive an annual salary of four thousand dollars less than the highest step level of a Superior Court judge; during his fourth year of service as a commissioner, he shall receive an annual salary of three thousand dollars less than the highest step level of a Superior Court judge; during his fifth year of service as a commissioner, he shall receive an annual salary of two thousand dollars less than the highest step level of a Superior Court judge; and during his sixth year of service as a commissioner, he shall receive an annual salary of one thousand dollars less than the highest step level of a Superior Court judge, together with his necessary clerical, office and travel expenses as approved by the Comptroller; and the chairman of the Workers’ Compensation Commission shall receive in addition ten thousand dollars annually. Each commissioner shall devote his entire time to the duties of his office and shall not be otherwise gainfully employed.

LAWYER RONALD M. CANTER

Statutory compensation in Canada
Workers’ compensation was Canada’s first social program to be introduced as it was favoured by both workers’ groups and employers hoping to avoid lawsuits. The system arose after an inquiry by Ontario Chief Justice William Meredith who outlined a system that workers should be compensated for workplace injuries, but that they must give up their right to sue their employers. It was introduced in the various provinces at different dates Ontario was first in 1915, Manitoba in 1916, British Columbia in 1917. It remains a provincial responsibility and thus the exact rules vary from province to province. In some provinces, such as Ontario’s Workplace Safety and Insurance Board, the programme also had a preventative role ensuring workplace safety. In British Columbia, the occupational health and safety mandate is legislated. In most provinces it remains solely concerned with insurance. It is paid by employers based on their payroll, industry sector and history of injuries (or lack thereof) in their workplace, sometimes known as "injury experience".

LAWYER RON M. CANTER

Statutory compensation in Australia
As Australia experienced a relatively influential labour movement in the late 19th and early 20th century, statutory compensation was implemented very early in Australia.
RONALD M. CANTER
RONALD M. CANTER ATTORNEY
RON M. CANTER ATTORNEY

Workers’ Compensation Cost Containment
Many things can be done to reduce the cost of workers’ compensation. While many business owners and managers initially think "workers’ compensation is the cost of doing business," this is not really true and there are many controls that can be put in place inside a company to make sure an employer pays only for legitimate injuries, from the time an employee is medically unable to return to any productive task at the workplace. This field of risk management is a very specialized niche called "post loss cost containment," "injury management cost reduction," and several other names. The specialty centers around actions an employer can do to "manage" the processes in the workplace immediately after an injury occurs.

ATTORNEY RONALD M. CANTER
ATTORNEY RON M. CANTER: Ronald M. Canter is the cowriter of "My Last Goodbye" a song recorded by singer Tom Jones on his album "Tom Jones Country" released in 1980. Mr Canter is an accomplished violinist and bassist who has performed with a variety of jazz, rock and classical music groups. Mr Canter’s son Brent Canter is a renowned guitarist, who heads the Brent Canter Trio, an up and coming jazz ensemble based in Los Angeles, California.

RONALD M. CANTER LAWYER
Employers should use a "holistic" approach to workers’ compensation cost containment by looking at the total problem, rather than focusing only on one area such as reducing medical bills. By taking a "can do" approach, employers focus on controlling procedures within their control rather than the many things they cannot control. For example, employers cannot quickly or easily change the workers’ comp laws or eliminate plaintiff’s lawyers or the legal system, items that are frequently mentioned as "causes" of high workers’ comp costs; however, an employer CAN implement a "post-injury response procedure" in their own workplace specifying what an employee must do if injured. Employers must "take charge" of those things within their control.

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