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She noticed the water spilling from
the boy's bathroom, and muttered to herself "dem
boys carn hear tun arf de pipe when dem done"
as she went for the mop, bucket and bass broom. As
she stepped into the bathroom, however, she slipped
and landed hard on her back.
Her first reaction was to look around
to see if anybody saw her fall. Then she got up, cussed
some more and proceeded to clean up the water after
turning off the tap. She didn't tell her employer
about it because she was "shame". Besides,
being lightly schooled, and grateful for the job,
she figured it was only an accident and that, since
she was feeling ok, and she didn't want to cause any
trouble. She didn't realize that when she landed,
she jarred and injured her shoulder. Therefore it
was never reported as an Employment Injury.
A few weeks later, she started having
pain and difficulty walking. When it became unbearable,
she went to the doctor who gave her time off from
work and asked her to rest at home. She was awarded
her sickness benefit, claimed for the medical and
medication from her insurance, but did not exactly
rest as she continued with her 'housework'.
Eventually, her sick leave reached
the maximum allowable twenty six weeks (6 months)
and she still wasn't healed properly. Any further
claim meant that she had to be evaluated by one of
the medical doctors specifically assigned to Social
Security. She was awarded another three months off
work and paid Invalidity Pension. (a different calculation
altogether). At the end of the 3 months, she was again
examined by our doctor.
This time, the medical report intimated
that she should return to work. The benefit was stopped.
She went to work, but couldn't work properly so she
was replaced.
Election time came around and she
was being canvassed for her vote. She gave the candidate
an earful about her experience with Social Security,
how she fall down on the job and now cannot work and
nobody give her anything. Eventually, a lawyer was
engaged to take up the case. A report was requested
from the workplace, but that boss was no longer there
(he had retired) and in any case couldn't corroborate
the story about the incident. That is real life story
No. 1.
In real life story No 2, his wife
died young, leaving him with 3 school aged children
to raise. He was a master mason, foreman quality,
who could easily have been a contractor himself. It
was in the mid 90's before housewives were considered
engineers, subject to QVC's and CSME skills certificate;
and before Self Employed coverage, and even before
men were eligible for widower pensions. Therefore
he was left as the sole provider. So to make ends
meet, he took a job with a construction firm.
He explained his situation to his
boss and they made an agreement. He would be paid
$500 per week, but only $200.00 would be reported
to Social Security for the purpose of deductions.
He needed the money to help support the children etc.
Deal! He was the provider for his family, doing what
a man ought to do!
He started having abdominal pains,
and as man, he ignored them until he couldn't do so
any longer. He had appendicitis and was rushed to
the hospital for surgery and spent two weeks. His
boss didn't pay him while he was sick - he didn't
have to. The claim on Social Security yielded payment
at the standard rate of 65% of $200.00 for the two
weeks, a total of $260.00.
The week of his release he came to
our office. He complained in very colour-foul language
that Social Security "rob him". We walked
him through the process, explaining to him that his
wages was $200.00 per week
. He stopped us right
there and informed that he is a foreman, getting $500.00
a week and provided proof. His boss was confronted,
a hallelujah man, who admitted his "sin",
paid up and paid the associated fines and penalties.
As a result, his sick leave payment was adjusted to
$650.00.
Now he is 66 years, and his children
are gone. His only source of income is his pension
because nobody is hiring him as a mason anymore. A
total of just under $23,500 was paid into Social Security
by and for him as a result of that intervention. He
has so far collected almost $35,000 in pension over
the 4 years of retirement, just over $700 per month.
His language has become testimonial in nature.
The modern day twist to this type
of case is that the employer [contractor] now claims
that the employee is self employed. He comes when
he likes, does what he likes, for as long as he likes,
using equipment and materials that he, the worker,
brings and presumably, he can charge what he likes.
He is therefore responsible for his own Social Security
payments. We disagree! Strongly. We also believe that
the law is on our side.
What lessons have we learnt from the
above stories? In some countries, the law requires
that an incident report be completed by the employee
and the employer is obligated to report this incident
to the Department that is responsible for workplace
safety. The 'scene' would have had to be held (just
like a homicide scene) until released by the Department.
Further, the employee would have been obligated to
have the staff trained in workplace safety and reporting
procedures, and provide for appropriate clothing (including
shoes). Then, any staff in contravention would have
been deemed negligent and may be ineligible for compensation.
Hiding from Social Security is a lose-lose
situation; the real losers are the employer and the
employee. Indeed, it is criminal to collude to defraud
Social Security. Therefore we encourage all persons
to report honestly and promptly. I have seen those
persons who were confident that they "got away
with it" admit the error of their ways upon attaining
pensionable age.
Those who do not learn from their
collective history are doomed to repeat it. Let us
all endeavour not to repeat the mistakes of the past.
Try not to fall in the same place twice.
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