Document name
Temporary Foreign Workers
Document number
PRO 03/2016

Effective date: June 1, 2016

Application: Claims from temporary foreign workers on and after 01 May 2016.

Policy subject: Benefits - General

Purpose:

To establish administrative guidelines for adjudicating and managing claims from temporary foreign workers.

BACKGROUND

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Section detail

POL 03/2016, Temporary Foreign Workers establishes the process for adjudicating and managing claims from temporary foreign workers.

PROCEDURE

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General

  1. If the worker has a social insurance number that starts with nine, the Claims Entitlement Specialist (CES) or Case Manager (CM) will ask for a copy of the worker’s work permit. This will help the CES or CM determine:
    1. If there are any time constraints in managing the claim (e.g., the worker has to leave the country or apply for an extension by a certain date), or
    2. The best course of action in returning the worker to work.

Worker Responsibilities

  1. A temporary foreign worker must:
    1. Report their injury to the employer.
    2. Complete and submit a Worker’s Initial Report of Injury form (W1) to the Workers’ Compensation Board (WCB).
    3. Provide the WCB a copy of their work permit.
    4. Provide any additional information the WCB needs.
    5. Provide the WCB their home address in Saskatchewan.
    6. Provide the WCB their home address in their home country.
    7. Notify the WCB before returning back to their home country.

Benefits – Worker

  1. The CES or CM may authorize a complete payment for the worker’s estimated period of disability (based on a review of medical reports) if:
    1. The worker wants to return to their home country right after the injury and the CES or CM expects the effects of the injury will last less than four weeks.
    2. The worker will not be able to contact the WCB during the entire period of impairment, or
    3. The worker will not be able to access a foreign bank account (Canadian) in their home country.
  2. If the CES or CM expects the effects of the injury will last more than four weeks, and the worker moves back to their home country before recovering, the CES or CM will:
    1. Keep the worker’s contact information on file.
    2. Authorize earnings loss benefits based on the greater of the earnings the worker:
      1. Would have made if he or she would have remained in Saskatchewan, or
      2. Is making in their home country.
    3. Continue to provide earnings loss benefits until the worker has recovered from the work injury and is declared medically fit to return to work.

If the CES or CM cannot reach the worker when evaluating earnings loss entitlement, the CES or CM may suspend the worker’s benefits until they are able to make contact (POL 15/2016 and PRO 09/2017, Suspension of Benefits will apply).

  1. If the worker leaves Saskatchewan without informing the WCB, the CES or CM may suspend or terminate the worker’s benefits.
  2. The CES or Case Management Support (CMS) will pay travel expenses in accordance with POL 04/2021, Travel Expenses - General.

Benefits – Dependants

  1. If the worker dies because of the injury and the CES or CM is able to contact the worker’s spouse, the CES or CM will authorize benefits for the spouse and dependent children. The CES or CM will:
    1. Keep the spouse’s/dependent children’s contact information on file.
    2. Provide entitlement to the spouse/dependent children based on how much they would receive if they were to reside in Saskatchewan.

If the CES, CM or Vocational Rehabilitation Specialist (VRS) cannot reach the spouse/dependent children to determine their initial entitlement or to confirm their ongoing entitlement, the CES, CM or VRS may suspend the spouse’s/dependent children’s benefits until they are able to make contact.

  1. The CM or VRS may authorize benefits for someone other than the worker’s spouse or dependent children. Payments to other dependants may depend on how long, had the worker lived, the worker would have continued supporting the dependants. The WCB may pay other dependants wholly or partly in a lump sum or in any other form that the CM or VRS considers suitable.

Medical Aid and Reporting

  1. Medical and Health Care Services (MHCS) will expedite medical services for temporary foreign workers.
  2. If the worker’s work permit will expire prior to receiving medical aid, the worker must apply for a new permit prior to the expiration date. If Citizenship and Immigration Canada (CIC) receives the application prior to the expiration date, the worker’s status in Canada will remain intact (“implied status”) while CIC makes a decision on the application.
  3. The CES or CM will devise a treatment plan for the temporary foreign worker if:
    1. The worker wants to return to their home country right after the injury, and
    2. The CES or CM expects the effects of the injury will last less than four weeks.
  4. If the CES or CM expects the effects of the injury will last more than four weeks, and the worker wants to return to their home country before recovering:
    1. The CES or CM will provide the worker with a letter and a form that the worker should give to their care provider in their home country. The form will be used to report the worker’s condition to the WCB.
    2. The worker will ask their care provider to send all medical reports to the WCB.
    3. The CES or CM will review the medical reports to determine if the worker should continue to receive benefits.
  5. If the WCB does not receive required medical reports from the worker’s care provider, the CES or CM may suspend benefits (POL 15/2016, Suspension of Benefits).
  6. If the worker needs to travel for medical care in their home country, the CES or CMS will reimburse travel expenses based on the lesser of what the worker:
    1. Would have received to travel to medical care if the worker stayed in Saskatchewan, or
    2. Actually pays to travel to medical care in their home country.
  7. The CES or CM may authorize payment to allow the worker to return to Saskatchewan (or another jurisdiction providing more convenient, but equivalent service) for medical care or an assessment if these services in the worker’s home county do not:
    1. Meet the needs of the worker.
    2. Allow the WCB to properly evaluate the worker’s condition.

Return-to-Work – Temporary Restrictions

  1. The WCB may provide assistance to help temporary foreign workers mitigate earnings loss. To determine the most appropriate form of assistance, the CES or CM will ask the:
    1. Worker/employer to contact CIC if the worker can only return to modified duties with the pre-injury employer. CIC will confirm if the:
      1. Work permit allows the worker to do modified duties.
      2. Worker has to apply for a new work permit.
    2. Worker to contact CIC if the worker can only return to modified duties, but the pre-injury employer cannot accommodate the worker’s return to work. CIC will confirm if the:
      1. Work permit allows for the worker to work for a different employer (e.g., the worker has an open permit, the work permit allows the worker to do different types of work).
      2. Worker has to apply for a new work permit (e.g., the worker has an employer specific permit).

Vocational Rehabilitation – Permanent Restrictions

  1. If the worker has permanent restrictions because of a work injury, the VRS may offer vocational rehabilitation services (POL 23/2016, Vocational Rehabilitation – Programs and Services). Such services may include academic, technical or on-the-job training that would allow the worker to pursue a new job:
    1. If the worker has a valid work permit, CIC allows workers to study in Canada (without an additional study permit) if the duration of the course is less than six months (Section 188 of the Immigration and Refugee Protection Regulations).
    2. If the worker is unable to attend training in Canada, the VRS may enlist the services a vocational rehabilitation service provider in the worker’s home country.

Issuing Payments – Benefits and Medical Aid

  1. The WCB will pay benefits, travel expenses and medical expenses (e.g., caregiver services, appliances, prescription drugs) by:
    1. Physical cheque, or
    2. Electronic funds transfer (EFT). To receive EFT, the worker or dependants must keep a bank account in Canada. Finance will deposit money into this account.
  2. The WCB will pay the worker or dependants in Canadian funds. Payments will not exceed Saskatchewan rates.
  3. Care providers should bill the WCB directly. If the care provider bills the worker, the worker will send the receipt to the WCB. The WCB will review the receipt and pay the worker. The WCB will not pay more than Saskatchewan rates for medical aid.

Policy references

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Section heading

Act Sec #

Section detail

2(1)(j), 2(1)(l), 2(1)(ii), 20, 25, 27, 36, 70(4), 81, 86, 97, 104, 105, 163, 164, 183, 185;
188 of the Immigration and Refugee Protection Regulations; The Foreign Worker Recruitment and Immigration Services Act

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188 of the Immigration and Refugee Protection Regulations; The Foreign Worker Recruitment and Immigration Services Act

Section heading

Supersedes

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PRO 05/2010 Coverage – Migrant Workers

Section heading

Complements

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