Airport Worker Assaulted for denying smoke break. WorkSafe ?

Airport Worker Assaulted for denying smoke break. WorkSafe ?

Postby my5cents » Jul 21st, 2019, 11:21 am

https://www.castanet.net/news/BC/261699 ... r-his-life

Amit Prasad who works for a company at the Vancouver International Airport that provides ramp services for airlines, was assaulted by a group of men as he left work on Monday (15 July 2019). Apparently in a supervisory position he refused to allow a subordinate to take a "smoke break" on a few occasions.

Apparently, as a result, the employee, with a group of others (acquaintances of the employee, not other workers), accosted Prasad as he walked to the employee parking lot, on leaving work.

Prasad has started a GoFundMe page on his own behalf to help with expenses, etc.

Now, my question... Would he (should he ?) be covered by WorkSafe BC ?

It's certainly a bit of a grey area. He was not getting paid, he was not at work, but the assault was a direct result of Prasad's supervisory duties at work.

It opens up the question,,,, the manager of a company fires an employee, who later acquires a weapon and attacks the manager at a location not the place of work and not while the manager is working, verses comes to the place of work and does the same ???? Same fact pattern just a different relevant time and place.

Ad to the mix that WorkSafe isn't a great group to deal with even with a fairly clear cut injury.
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby fluffy » Jul 21st, 2019, 11:34 am

The cursory reasearch I just did kept turning up the term "work related", and stated that WCB does indeed cover work related injuries even if outside working hours or away from the place of work. The question that comes to my mind is would WCB pursue action against the assailants to recover any money paid out to the victim.

Where I work you smoke on your own time, like at scheduled coffee and meal breaks.
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby my5cents » Jul 21st, 2019, 12:17 pm

fluffy wrote:The cursory reasearch I just did kept turning up the term "work related", and stated that WCB does indeed cover work related injuries even if outside working hours or away from the place of work. The question that comes to my mind is would WCB pursue action against the assailants to recover any money paid out to the victim.

Where I work you smoke on your own time, like at scheduled coffee and meal breaks.


You bring up another good question fluffy.

You may be familiar with worker vs worker. ie, a pop delivery truck, while working rear ends a bus, also working. The bus driver can't sue the pop delivery truck driver because the two are covered by WCB. They both could claim compensation from WCB but not from ICBC (for the negligence).

I guess in this case it would be said that the assaulting employee was outside the parameters of work and worker vs worker wouldn't apply.

I'm really getting tired of the high percentage of people who start GoFundMe pages when something happens, even when they have insurance coverage. (I realize we don't know if this fellow has any)
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby GordonH » Jul 21st, 2019, 12:39 pm

I have a question since I've never made claim to either icbc or wcb, I have claim medical benefits from EI in the past they only pay up to about 65%.

Here is my question: does icbc &/or wcb pay 100% of ones current income or is it like EI only 65%.

reason I ask if a person has mortgage payment they won't be happy getting 65% of a payment.
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby alanjh595 » Jul 21st, 2019, 1:04 pm

Just like an employer can be held responsible during to and from work, and even if an employee consumes alcohol during a company sponsored office party and drives.
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby my5cents » Jul 21st, 2019, 3:56 pm

GordonH wrote:I have a question since I've never made claim to either icbc or wcb, I have claim medical benefits from EI in the past they only pay up to about 65%.

Here is my question: does icbc &/or wcb pay 100% of ones current income or is it like EI only 65%.

reason I ask if a person has mortgage payment they won't be happy getting 65% of a payment.


I think for ICBC it's 75% of gross weekly wage to a maximum of $300 a week. Not going to get rich on that.
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby GordonH » Jul 21st, 2019, 4:11 pm

GordonH wrote:I have a question since I've never made claim to either icbc or wcb, I have claim medical benefits from EI in the past they only pay up to about 65%.

Here is my question: does icbc &/or wcb pay 100% of ones current income or is it like EI only 65%.

reason I ask if a person has mortgage payment they won't be happy getting 65% of a payment.

my5cents wrote:I think for ICBC it's 75% of gross weekly wage to a maximum of $300 a week. Not going to get rich on that.


Interesting
40Hrs x $10 × 75% = $300
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby mikest2 » Jul 21st, 2019, 6:53 pm

Not sure about ICBC, but I believe WCB payments are not taxable. When they pensioned off a finger of mine i remember putting the amount in two boxes on my return. One added it to my income, the other removed it.
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby mexi cali » Jul 22nd, 2019, 10:12 am

"pensioned off a finger". That's funny. Happy that you have a sense of humor about what had to be a dark time.

I had an eye "pensioned off".
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby alanjh595 » Jul 22nd, 2019, 10:36 am

My thought was,

Is that considered a capital loss and any taxes would be deducted by any capital gain? That would make it a "break even".
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby dogspoiler » Jul 22nd, 2019, 10:39 am

It may make a large difference if the incident took place on company property.
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby LTD » Jul 22nd, 2019, 11:48 am

he would definitely be covered he was walking to his vehicle in some cases you're covered until you get home this took place in the employee parking lot so it happened at work
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby OKkayak » Jul 22nd, 2019, 12:18 pm

LTD wrote:he would definitely be covered he was walking to his vehicle in some cases you're covered until you get home this took place in the employee parking lot so it happened at work

WCB’s webpage states differently:

Injuries occurring while a worker is traveling between his or her home and the workplace on public roads or highways are generally not compensable.
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby LTD » Jul 22nd, 2019, 12:24 pm

first off he was walking to his vehicle on company property therefore you're still at work second go read their page again as I said in some cases you're covered until you get home, key words there being some cases
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Re: Airport Worker Assaulted for denying smoke break. WorkSa

Postby OKkayak » Jul 22nd, 2019, 12:33 pm

LTD wrote:first off he was walking to his vehicle on company property therefore you're still at work second go read their page again as I said in some cases you're covered until you get home, key words there being some cases

I missed the word “some”, my mistake.

From their webpage under the topic of “fights”:

If I am assaulted while working, can I get compensation?

Claims for injuries received in a fight will be accepted if they occur under the following conditions:

the fight causing the injury must be connected to your work place and the work you actually do; and generally,
you are not the person who started the fight.
For example, a nurse or doctor would be compensated for injuries inflicted by a patient, but a claim will not be accepted if a fight is related to a dispute over a personal matter.

WorkSafeBC will consider information related to the fight and what duties you were carrying out at the time. You will need to provide WorkSafeBC with answers to the following questions:

Did the assault happen on the employer’s premises?
Were you doing something for the benefit of the employer at the time?
Were you acting under directions from the employer?
Did the assault occur during a time period in which you were getting paid?
Were you receiving payment or some other benefit from the employer at the time?
What risk of assault ultimately resulted in you getting hurt, and was the risk the same as in the normal course of your work?
These are some of the factors that WorkSafeBC will consider if an assault occurs. No single point is more important than the others. WorkSafeBC may also consider additional information not listed here.
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