Prior Work Accidents

To recall, I worked for Action Force. Action Force, which is now known as Pivotal Integrated HR Solutions, was a temporary help agency. They provided workers, including truck drivers, to its clients. Temp agency clients are commonly refer to as a “employer-client”. In the beginnings of my work life, the purpose of temp agencies was just to provide workers on a “temporary basis” to its clients. Temporary being the key word. Temp workers would be used to fill in for workers who called in sick, workers who took a vacation, workers on parental leave, and on occasion for seasonal overflow work, like the lead up to Christmas. For me this was about the mid-1980’s. YES, I know I am old LOL!

However, leading into the 1990’s, large corporations learned they could avoid all legal responsibility of being an employer. Large corporations were able to do this by abusing the use of temp agency workers. Instead of large corporations using temp workers on a temporary basis large corporations used temp workers on a permanent full-time basis. In doing this, large corporations realized they were able to, have absolute control over their workforce, incur major tax savings, and avoid massive costs of work injuries, as a direct result from the large corporations' dangerous workplaces.

Preventing Labour Organizing:
With the use of temp agencies, large corporations are able to control their work force. This is because workers are unable to organize and form a union. Moreover, workers are under the constant threat of wrongful termination. If an employer-client of a temp agency doesn’t like the look of you, then you no longer work there!

Talk about absolute control!
The employer’s client can and are
racist, sexist, and discriminatory towards temp workers.
Sadly, there was often very little a temp worker could or can do – they do not have any rights as a worker. This is becuase in the eyes of the law they are not a worker! They certainly do not have the resources to fight a large corporation who has bottomless pockets. Ironically, these large corporations consider it to be absolute freedom. However, it is the very definition of living in a fascist state!

“Fascism begins the moment a ruling class, fearing the people may use their political democracy to gain economic democracy,
begins to destroy political democracy in order to retain power of exploitation and special privilege!”
Tommy Douglas
Tax Fraud:
With the use of temp agencies, big employers are able to avoid paying taxes for workers they employ. This is because an employer who employs regular workers, must pay payroll taxes. This includes the employer contributions to employment insurance, Canada pension plan, and government health insurance. Instead, these large corporations use temp agencies and are able to write off the entire costs of labour. Moreover, many of these large corporations fraudulently claim they directly employ the temp workers and make countless claims for government grants.

Avoiding Responsibility for Dangerous Workplaces:
With the use of temp agencies, big employers are able to have extremely dangerous workplaces and then when temp workers are injured, they avoid any legal or financial liability. This is because when a worker is injured any responsibility for the work injury goes to the direct employer, in this case the temp agency. Moreover, the work is in constant fear and rarely if ever contacts law enforcement to report a dangerous workplace. What adds insult to this is that these large corporations who often create the dangerous workplaces are actually reward for the dangerous workplaces. This is because the large corporations get to claim massive financial rebates from the workers compensation boards for claiming to be a safe employer. Simply because they have no work accident claims on their company name. For example, in Ontario, this is confirmed in a Toronto Star article entitled,

“The province is giving $1.5 billion in rebates to ‘safe’ employers. But critics say companies with serious violations are still eligible”
written by Sara Mojtehedzadeh Toronto Star Work and Wealth Reporter.

Prior Work Accidents

Before my devastating injury of February 6, 1997, I had suffered two other injuries from my employer’s client’s workplace. I did suffer many more injuries, but these were not reported by my employer. This was the purpose of using temp workers. So, these injuries go unreported, and the employer’s client looks like a perfect little angel to the government!

While there were countless injuries that went unreported by my employer and I was was not able to prove this, I will show you through physical evidence of several injuries, where I had reported them to my employer, but the employer never reported them to the workers compensation board. The purpose of doing this is to show you the conduct of my employer. How they do anything to save a dollar!

First Documented Work Accident - Finger on Left Hand- December 14, 1995

Finger Injury & Scar

The image shows the scar on my finger from the injury more than twenty-five years ago.
I do not have any feeling in the area of the scar.

On December 14, 1995, I suffered an injury to my finger, on my left hand. My Finger was sliced opened by a summer metal wiper blade. Above, I have provided a current picture which is well over twenty-five years since the injury. You can easily see the scar. This occurred because my employer’s client, Canadian Tire, refused to replace the metal summer wiper blades on their trasnport trucks, with winter ones.

I know, yes, I see the irony, Canadian Tire who made its name in selling auto parts does this to its trucks? Yet, they see nothing wrong with it!

People should change their wiper blades every six months. Especially in winter weather conditions experienced like in Canada. This is because the winter wiper blades tend not to freeze up as much. Trust me, as a driver who has driven many millions of miles, all season wiper blades, just like tires, do not work in real winter weather.
As like any typical workday, working at Canadian Tire, I started my day very early in the morning. I arrived at Canadian Tire’s warehouse, which is located in Brampton Ontario. I picked up the tractor and preloaded trailer. I then headed to Cambridge where I was to deliver the product to the Canadian Tire stores in Cambridge, Ontario. The weather was typical Canadian weather - snowing and bitter cold. The wiper blades kept freezing up. This is because it was that type of weather. I had to stop several times, on the shoulder of a very busy highway – The 401, before Cambridge, Ontario.

To provide better context the 401, at this time, did not have paved shoulders or three lanes. It had two lanes each way, with a gravel shoulder. It was nicknamed the highway of hell. This was because it was so dangerous.

After pulling over on the gravel shoulder, I would get out and bang the wiper blades free of ice. This was because I couldn’t see. I did this several times. This was until this one time when I did and just as I had the wiper in my hand, the wipers came on. My finger got caught in the metal wiper blade and sliced my finger wide open. I later learned the wiper switch was defective. I drove the truck to the first store in Cambridge Ontario. While I was driving, I was on the verge of passing out.

Ok, I am a puppy! But there was a lot of blood.
In fact, the inside of the truck look like a murder scene!

The store employees in Cambridge were very nice. They gave me first aid. I then called my employer Action Force and let them know what happened and that I need to be replaced. They had no replacement drivers. I could not leave the tractor-trailer full of product. I could not drive it to the local hospital. Some how I do not think the hospital had room for my truck and 53’ trailer. My employer said I would be best to ask permission of Canadian Tire to return the truck and product back to the Canadian Tire warehouse. I then spoke with Canadian Tire dispatch they allowed me to return to return the truck and product back to the Canadian Tire warehouse. I waited until I didn’t feel so ill. I then drove the truck and product back to the Canadian Tire warehouse.

I then went to the local hospital, Credit Valley Hospital in Mississauga. I waited about six hours to see a doctor. This was from the "Harris Conservative government’s" cuts to healthcare. I was seen by a doctor and the doctor was able to give me four stitches. Here’s the gross part, one stitch went through the fingernail (sorry). Ironically, I was never paid for the full day’s work, nor was I paid for the time waiting at the hospital. I worked about four actual hours and that is all that I was paid for!

Even though I had reported it right after the accident, my employer never reported the accident and injury to the WCB. The hospital did file a report of injury form. My doctor also filed a report. I also filed a report of injury form, which was provided by the WCB.

The employer instead of filing a report, sent a letter to the WCB. In their letter they falsely claimed I never worked for them. WHAT? Mind you in retrospect this is not surprising. To my understanding there was no further investigation by the WCB. There was no further documentation, in the WCB claim file. There were no memos, no nothing. One can only assume the employer got away with failing to report the injury.
You can see for yourself as I have provided a copy of this claim file below.

Finger Injury Claim File

(Click image to obtain
pdf copy of Claim file documents)

This meant that Ontario’s publicly funded health insurance program, OHIP, was forced to pay the entire healthcare costs. Also, of course, I got screwed out of my lost wages and my permanent injury!

Update on this Claim

Well, surprisingly, I recently added this claim to my online account with the WSIB (Ontario’s workers compensation board). What was interesting was that the claim was eventually accepted by the WCB. However, according to the status page for this claim, it was only accepted for healthcare benefits. Moreover, the WCB NEVER notified me of this decision – How Nice!

Finger Injury Claim Status

(Click to see large image)

Prior to adding this claim to my online account, I was preparing a request for a decision on entitlement for benefits for the day AND asking for entitlement for a permanent injury award. You see, like most injured workers I was tricked by the WCB. This is because they keep droning on about it is only permanent when there is a loss of earning capacity. Not true! In my particular case I suffered a permanent scar and loss of feeling. Hence a permanent injury! So, I prepared a letter to the now WSIB and asked for entitlement for the hours I was not paid AND to have entitlement for a permanent injury to my finger.

Request Letter

(Click the image to
obtain pdf copy of the letter)

Next Part of My Story

The next part of my story is when I was involved in my second workplace accident. This occurred on November 18, 1996. Strangely enough, the employer did admit I was an employee of theirs when they reported this accident. However, what is very interesting is that the WCB never investigated the employer for intentional claims suppression for my first work accident.

You can read everything on the next page by clicking here.