Workers’ Compensation Act
Workers’ Compensation General Regulations, Section 7(1)(d)
Workers’ Compensation Board (WCB) Deeming Order, effective May 1, 2018

INTENT

If an individual is injured while participating in an Alberta Labour (Labour) funded labour market training program (as defined in the Deeming Order), coverage is assured through an agreement between Labour and the Workers’ Compensation Board (WCB) known as “Deeming Order”.

POLICY

Individuals are deemed to be workers of the Government of Alberta while engaged in programs and services funded through Labour.  

All individuals shall be informed that they are deemed by this Order to be workers of the Government of Alberta under the Worker’s Compensation Act (the Act).  All deemed workers are to be advised if they are injured in an accident related to the participation in a funded program, they can claim workers’ compensation benefits and they cannot sue the Government of Alberta, any other employer or worker covered under the Act.

Coverage follows the individual. If an individual trains with an employer outside of the province of Alberta, and is being service-managed by Labour or a Labour authorized service provider, the individual is covered by Labour’s WCB under the deeming order.

Labour’s responsibility to individuals ends when: 

• Labour and/or training and service providers have no further direct involvement with the individual such as continued contribution towards wages, service management or job coaching, and, 
• the terms of the training agreement with the employer are completed.

Follow-up by Labour or a service provider at three, six and twelve month intervals to measure individual success is not considered direct involvement or service management.

Note
Labour Clients Attending Training in Alberta’s Public Institutions
Advanced Education provides WCB coverage for individuals attending training in a public institution even though they are funded by Labour under contracted or tuition based training. Section 7(1)(c) of the WCB General Regulations deems them to be workers of the Government of Alberta (Alberta Advanced Education).

Reporting an Incident
If an individual sustains an injury while participating in a Labour program, the Workers’ Compensation Act of Alberta requires that incidence reports be submitted within 72 hours of the injury. The reports are:

• Employer’s Report of Injury (WCB form C040) 
• Worker’s Report of Injury (WCB form C060) 
• Automobile Accident Report (WCB form L054) if the incident was a motor vehicle accident.

Once a site supervisor/employer becomes aware of an incident, that person is responsible for submitting reports. The WCB considers a supervisor/employer to have acquired knowledge of an incident if the employer or anyone considered by the WCB to be acting on behalf of the employer (such as a manager or first-aid attendant) receives notice or becomes aware that a participant may have received an injury.

Reportable Injuries
It is necessary to submit a claim any time an individual who is participating in a Labour program sustains an injury on site and seeks medical attention whether the claim results in time lost or not. When in doubt, the claim must be submitted so WCB can investigate to determine whether it is covered by WCB or not.

REPORTING PROCEDURES

Individual Participating in a Labour Program

• Report any injury that occurs while attending the program. 
• Fill out the WCB’s Worker’s Report of Injury (form C060 or online) and submit it to the supervisor immediately.
  • Indicate the name of the employer where the incident occurred followed by a slash (/) and then “Alberta Labour”. If applicable, after “Alberta Labour” write the name of the service provider in brackets, e.g. employer’s name/Alberta Labour (ZYX Employment Services). 
  • Enter “0” for wages where no wage is paid. 
  • Note whether receiving Employment Insurance benefits or Income Support benefits. 
  • Fill in the appropriate boxes if there is other paid employment that the injury may affect. 
• If the incident was a motor vehicle accident, fill out the WCB’s Automobile Accident Report (form L054) and submit it to the supervisor.

Work Site Supervisor/Manager

• Report any injury to any program participant that has occurred related to the program or service.
• Investigate the incident to ensure all information on the individual’s report (Form C060) is accurate and complete. Ensure the individual is provided with the WCB’s Worker Handbook. 
• Prepare the WCB’s Employer’s Report of Injury (form C040).
  • Indicate the name of the employer where the incident occurred followed by a slash (/) and then “Alberta Labour”. If applicable, after “Alberta Labour” write the name of the service provider in brackets, e.g. employer’s name/Alberta Labour (ZYX Employment Services). 
  • Enter “0” for wages where no wage is paid. 
  • Note whether the individual is receiving Employment Insurance benefits or Income Support benefits. 
• Fax all WCB reports to the service provider who has placed the individual (worker) with the employer, or to an Alberta Labour contact person who is responsible for the program.

Service Provider

• Receive the completed WCB reports from the employer and individual (worker). 
• Verify the claimant is an eligible individual in the program.  
• Immediately fax the WCB reports to an Alberta Labour Contract Services Coordinator or other Alberta Labour contact responsible for the program. 
• Phone and advise Alberta Labour the WCB reports are being faxed.

Alberta Labour Contract Services Coordinator/Contact Person

• Review WCB reports prepared by the employer/service provider and the injured individual. 
• Sign off WCB reports by entering name, phone number and the WCB deeming order account number. 
• Fax WCB reports to WCB within 72 hours of being notified of the injury regardless of working hours:
  
  780-427-5863 (in Edmonton)
  403-517-6001 (in Calgary)
  1-800-661-1993 (toll-free anywhere in Alberta)

INFORMATION

For more information, visit the Workers’ Compensation Board website.

FORMS

Employer’s Report of Injury (form C040)
Worker’s Report of Injury (form C060)
Automobile Accident Report (form L054)