In Prince Edward Island, being fired or laid off does not automatically cancel your WCB wage loss benefits. As long as you have medical evidence proving you are still disabled from your workplace injury, WCB PEI will generally continue your payments.
Losing your job is a terrifying experience, but it is even more stressful when you are recovering from a workplace injury. Many workers in Prince Edward Island mistakenly believe that if their employer fires them or lays them off, their WCB cheques will immediately stop.
Fortunately, workers’ compensation is based on your medical ability to work, not just your employment status. Whether your employer in Summerside restructures the company or a Charlottetown business terminates you for cause, your physical recovery remains the Board’s priority. However, the exact reason for your termination can complicate how your file is managed.
Step-by-Step Process in Prince Edward Island
Navigating a job loss while on WCB requires fast action to protect your income. Here is what most applicants in this province choose to do.
Step 1: Report the Termination to WCB PEI
You must inform your WCB case worker immediately. Do not wait for your employer to report it. Explain exactly what happened and provide any termination letter or Record of Employment (ROE) you received. Transparency is essential to prevent any interruption in your compensation.
Step 2: Secure Updated Medical Evidence
To keep receiving wage loss benefits, you need undeniable proof that you are still physically unable to work. Visit your family doctor or physiotherapist immediately and ask them to submit a detailed progress report to WCB confirming your ongoing limitations.
Step 3: Review the Reason for Dismissal
WCB PEI will investigate why you were let go. If you were laid off due to a seasonal shortage of work (common in PEI’s agriculture and tourism sectors), your benefits generally continue. If you were fired for “just cause” (like theft or severe misconduct), WCB will still cover your injury, but it may affect future vocational rehabilitation options.
Step 4: Engage in Vocational Rehabilitation
If you can never return to your old job, and that job no longer exists anyway, WCB PEI may assign you to a vocational rehabilitation programme. You must actively participate in retraining or resume-building exercises to maintain your benefit cheques.
How Much Does it Cost in Prince Edward Island?
Managing this situation involves navigating different financial streams:
- WCB Benefits: Your standard wage loss benefits remain at 85% of your net earnings (up to the maximum assessable earnings limit for the year).
- Severance Pay: If you receive a severance package from your employer, you must report this to WCB. It could temporarily offset your compensation.
- Employment Lawyer: If you suspect you were fired simply because you got injured, this is illegal. Hiring a PEI law firm to sue for wrongful dismissal or human rights violations usually costs $250 to $450 CAD per hour.
How Long Does the Process Take?
If you notify WCB PEI immediately with strong medical evidence, your benefits should see zero interruption. However, if WCB pauses your payments to investigate the termination, it could take 2 to 4 weeks for a decision. A wrongful dismissal lawsuit in the civil courts, on the other hand, can take 1 to 2 years to resolve.
Frequently Asked Questions (FAQ)
Can my employer fire me just because I opened a WCB claim?
No. Firing an employee strictly because they reported a workplace injury is a violation of PEI employment and human rights laws. You may be entitled to file a grievance or a lawsuit.
What if I was on modified light duties when I was fired?
If you were working modified duties and get fired, WCB will evaluate if the termination was related to your injury. If you were let go through no fault of your own (like a company closure), WCB will usually reinstate your full wage loss benefits until you find suitable employment.
Can I collect Employment Insurance (EI) and WCB at the same time?
No, you generally cannot “double dip.” You must inform Service Canada about your WCB payments. Typically, WCB is the primary payer for injury-related time off.
Will WCB help me find a new job?
Yes. If your medical impairment prevents you from doing your pre-injury job and you have been terminated, WCB PEI offers vocational assistance to help you re-enter the labour market.
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