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Although the majority of the injured workers who participated in this study expressed dissatisfaction, frustration, and/or anger with the Workers Compensation Board (WCB) of Manitoba, three to five participants were relatively satisfied with the benefits and services they had received from the WCB.
“They’ve been super. They’ve been behind me 110 per cent.”
“Overall, my experience with Workers Comp has been very good. I can’t say I’ve enjoyed it, but it’s been a lot better than some of the other experiences I’ve heard about.”
“I had some problems initially, but since then it’s been great.”
“With me, they’ve been really good.”
Most of these participants had (a) high pre-injury earnings or (b) relatively serious injuries and severe disabilities.
Vocational Rehabilitation Consultants
At least six participants indicated that they were relatively satisfied with the support they had received from their WCB Vocational Rehabilitation Consultants (VRC’s). Interviewers did not ask participants to name their VRC’s, but more than half of the participants volunteered this information during interviews and/or focus groups. Three to five of those who named their VRC’s had generally positive things to say, sometimes unrestrained praise.
“[VRC] has been really good. I couldn’t ask for a better caseworker. If I’ve asked him for something, he’s done it.”
“[VRC] has been exceptional with me.”
Others praised their VRC’s, but identified the WCB “system” as a major constraint on VRCs’ abilities to fully assist claimants.
“My voc rehab counselor is a decent guy, and I believe that he’s working in my best interests. But you can tell that he’s working under a system where he’s not happy, where his hands are tied.”
“They’re all fairly decent people, but they can only do so much. They’ve got a job to do, and if they don’t do it, somebody else will. It’s WCB policy that buggers things up.”
Others, however, felt their VRC’s were not acting in their best interests, were not listening to their concerns/desires, etc.
“If you have a better worker [VRC], you’re going to get more. If you have a shittier worker, you’re going to get less. If you’ve got a sort-of-okay worker—but not the greatest—what do you do? Do you say you want a new one? Are you going to get somebody worse or somebody better?”
One study participant whose VRC’s caseload included Winnipeg and rural claimants reported frustration that his VRC was often out of Winnipeg when the participant telephoned.
Eligibility for Vocational Rehabilitation Services
As described earlier, injured workers are not automatically entitled to receive WCB vocational rehabilitation services. Instead, vocational rehabilitation services are provided at the WCB’s discretion.
WCB Policy 43.00 states that one of the conditions resulting in eligibility for vocational rehabilitation services is a long-term loss of earning capacity. The policy defines “long-term” as the earliest of (1) six months, (2) when it is determined that the worker will not be able to perform her/his pre-injury work without help, or (3) where there are reasonable indicators that there is a risk of chronicity.
One study participant met every one of these eligibility criteria, but could not recall ever being offered any vocational rehabilitation services by the WCB.
Adjustment
“I used to work so hard, and now I have to sit idle. One of the harder adjustments was getting over the feeling like I was taking charity.”
More than half of the participants with severe disabilities reported receiving (or being offered) counselling to help them adjust to their disabilities. Two said they declined the counselling that was offered. At least six participants with significant—but less severe—disabilities did not recall being offered any services to help them adjust psychologically to having a disability. Others were offered and accessed these services. Two participants said they were disappointed by the limited choice they were given when selecting psychiatrists.
Family Members
“WCB and [employer] cost me my house, my children, and a wife.”
At least six participants commented on the impact their injuries had on their family lives. Three to five reported having marital difficulties which resulted in divorce. More than half of those who reported that their injuries had affected their family lives indicated that their inability to share sports and recreational activities with their children was a major loss. One participant reported that his children resented having to do household chores that he could no longer do.
“Your family life changes drastically. You can’t do the things you used to do with your kids.”
“My wife never had to work before. Now I have to send her out to work. It hurts.”
Three spouses of participants sat in on interviews, and also provided descriptions of marital and family problems they felt arose from their spouses’ injuries. Three to five participants reported that they were offered and accessed services to help spouses and children, but others reported that they were not offered these services, and/or their efforts to access them were unsuccessful.
“I they [WCB] should have a compensation package separate from his [for spouses and children]…There should be something to help keep the family together. We almost split up [several] years after [injury]…We were having trouble with the kids. With support from the family, the doctor, everything worked out okay, but I still blame it on the injury.” [spouse]
Independent Living
Approximately one-third of the participants had particularly severe disabilities. More than half of them reported receiving various benefits to enhance their independence. These included relatively modest home modifications, vehicle modifications, and attendant services.
One participant indicated that home modifications are a one-time opportunity, and has foregone modifications to his current rented home because he hopes to be able to purchase a home in the future.
Assessment/Testing
Three to five participants reported that the vocational rehabilitation services they received did not include any formal testing to determine their interests, aptitudes, and/or capabilities to assist in the selection of an appropriate vocational goal.
“Compensation has done tests for other people to find out whether they can or can’t do a job they want to do. But that was never an option for me.”
Two reported that they received extensive testing, but did poorly because the testing was administered while they were experiencing problems related to their injuries (e.g. pain). They felt that those poor results subsequently limited the vocational rehabilitation opportunities available to them.
“I asked my consultant if there was a possibility of going back to school, but he said ‘no’ because the results of the original assessment were not to go back to school…You’d think it would be to their advantage to help you upgrade your education, because you would have a better chance of getting a job that paid enough so they wouldn’t have to pay you any benefits anymore. It might cost the WCB a little more up front, but they’d save money in the long run.”
Individualized Written Rehabilitation Plans
More than half of the participants who had received WCB vocational rehabilitation services reported that they had formal Individualized Written Rehabilitation Plans (IWRP’s), but at least six did not recall having IWRP’s. Two were persons with severe disabilities who were not currently pursuing re-employment. Others were at early stages of their vocational rehabilitation (e.g. assessment, selection of vocational goals). Others, however, reported that they were receiving—or had received—vocational rehabilitation services, but were not aware of ever having had formal Individualized Written Rehabilitation Plans.
Three to five participants reported that they had encountered problems completing various activities (education, training, job search) of their IWRP’s within the specified timelines. Some of them indicated that their VRC’s responded by adjusting/extending their IWRP’s, but others reported that their VRC’s were inflexible about the timelines of their IWRP’s.
Vocational Goals
Five participants reported that they felt that their WCB Vocational Rehabilitation Consultants offered them very limited choices of vocational goals when developing Individualized Written Rehabilitation Plans (IWRP’s). Most of them wanted to pursue goals they felt were more desirable and consistent with their capabilities and past experience, but reported being forced to choose between several occupations with very high labour market demand. At the time of their interviews, none had been able to pursue their preferred goals. (Two were still negotiating their goals.)
“They make it sound like you have a choice, but you don’t. Do you want to get paid? Then you have to finally agree to their plan. You’re not really agreeing, because there’s no choice…I don’t know why they even ask you what you want to do. They should just tell you ‘here’s what we’ll allow you to do’ and not give you the illusion that there’s some choice.”
“I wanted to take [program lasting two to three years] but Comp directed me to [ten month course]. It’s easier to get a job with [two to three year program], but the course was too long and cost too much money. Comp doesn’t want to pay for the long-term schooling.”
“[Participant’s preferred vocational goal] was ruled out from day one. They wouldn’t even let me talk about it…they just said ‘no’. I asked for an explanation, and they just said ‘medical reasons’. They wouldn’t elaborate. I wrote a letter begging them to assess me in [preferred vocational goal]. They can’t tell me I can’t do something when they don’t know themselves.”
He eventually agreed to pursue the vocational goal his VRC recommended, completed a 6 to 12 month training program, and found a job on his own. But he found the job boring and had difficulty concentrating, and was soon laid off.
Two participants felt that their preferred goals had greater potential for long-term career development and satisfaction.
“I tried to explain to them that [claimant’s preferred vocational goal] has more potential than [WCB’s preferred vocational goal]. Sure, maybe when you start out the wage might be lower, but you have more room to move up.”
Another participant wanted to pursue a vocational goal at which he felt he would be successful, but acknowledged that the labour market demand for that occupation was not as great as the labour market demand for the vocational goal recommended by his VRC.
“Compensation steered me away from [his preferred vocational goal]. I guess they [WCB] were worried about ‘where’s the job after?’ They [employers] aren’t hiring [preferred vocational goal] all the time. But as a [WCB’s preferred goal], I could go to ten different places in Winnipeg and get a job…Compensation looks at the overall job market and [WCB’s preferred goal] is really big right now.”
He is currently pursuing training for the occupation suggested by his VRC, and is considering paying the cost of taking night classes for his preferred goal.
Claimants earning relatively low wages at the time of their injuries had most difficulty pursuing their preferred vocational goals.
“I was a low wage earner, so they weren’t paying me a lot of benefits. I was the one who was pushing them about getting me back to school so that I could get working again.”
At the time of their interviews, three to five participants were in the process of choosing vocational goals and developing IWRP’s. One expressed his anxiety.
“It’s very scary…What if it’s the wrong decision? Am I going to be able to go back and try again, or are they going to say ‘too bad, that’s it, sink or swim?’”
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