Insurance Info
THERE HAS BEEN A VERY IMPORTANT CHANGE LEGISLATED THAT AFFECTS THE MANITOBA HORSE RACING INDUSTRY
Disclaimer: The information contained in this posting is for general information purposes. It is provided by the HBPA and while we have endeavored to give a true and accurate representation of this information the Workers Compensation Board of Manitoba has the final say in all matters related to the coverage they offer and should be consulted should further information or clarification be required.
The Worker’s Compensation Board of Manitoba has provided written notice that the Manitoba Horse Racing Industry has been legislated as a Mandatory Coverage Industry. This coverage is more extensive than the coverage the HBPA was previously able to provide to the Horsemen. Anyone covered under WCB waives the right to sue in the event of a work place injury.
Who must be covered to work on the Backstretch of ASD effective 2017?All Trainers, Assistant Trainers, Grooms, Exercise Riders, Pony Riders, Farriers, Feed Suppliers, and Tradesmen must have WCB coverage under one of two scenarios;
- they are an employee and therefore covered under their employer’s WCB account
Or
- they are self-employed; for example (but not limited to): Trainers, Farriers
Please note the WCB has their own definition of employed: If you are in a mandatory Industry, everyone who works for your business is considered a worker and is entitled to workers compensation coverage regardless of:
- The number of hours they work (full time, part time or casual)
- The structure of their pay (salaried, hourly, commission, piece work, and even if they work for room and board)
- The nature of their work
- The location (at the track, in Mb or traveling outside Mb) If a groom ships to Edmonton to run a horse for a Trainer he works for in Manitoba, he will be covered. If an Exercise Rider goes to a farm to gallop a horse for a trainer he will be covered.
Although self-employed Trainers are required by law to provide WCB coverage for their employees, they themselves are not covered unless they choose to buy WCB coverage.
However, the Manitoba Horse Racing Commission may rule to make their coverage mandatory. We will keep you posted.
Owners are not workers. They are not receiving payment; monetary or in kind, for work performed. There is no coverage for Owners from Workers Compensation.
To Register
To register your business, information on coverage, rates, classifications and payroll reporting call Assessment Services 204-954-4505 or toll free 1-855-954-4321, ext. 4505 or you can register online at www.wcb.mb.ca
Information you will need to provide:
- Legal name of business entity (i.e. ownership)
- WCB Account Number (if known)
- 9-digit Business Number (if known);
- Business contact information;
- Date workers were/will be hired;
- Estimated annual gross payroll;
The CoverageReimbursement of Medical expenses, resulting directly from a workplace injury, may include:
- The cost of an Ambulance ride to a health care facility
- Treatment by a physician or chiropractor
- Hospital, medical, and physiotherapy costs (limits apply and are based on the individual claim)
- Prescriptions
- If travel is required for proper treatment, transportation and living allowances may be covered
- Dental treatment
- Artificial limbs, braces, crutches, canes, hearing aids or other aids prescribed by a physician
- Orthotic alteration of footwear
- Repair of prosthetic device, dentures, eyeglasses or clothing; lost wages related to the repair of these devices may also be covered
- Some provisions apply If an injury is pro-longed (over 104 weeks), permanent or fatal. Contact WCB for details.
- Wage replacement income based on net income with a provision for your dependency status (can you claim any dependents on your Income Tax) Once a claim has been assessed, benefits are retroactive to the first day after the accident or injury.
Cost to Employers
The WCB has advised for 2017 based on our industry risk, our coverage rate will be $1.98 for every $100.of payroll. For more detailed info please visit their website at www.wcb.mb.ca/assessment-servicesor email them at assessment services@wcb.mb.ca or call them at 204-954-4505 or toll free at 1 855-954-4321, ext. 4505.
Payment optionsBy installments, pre authorized automatically deducted from your bank account or charged to your credit card, electronic banking, in person at your financial institution or WCB offices or by mail.
The minimum yearly assessment premium is $100. for all businesses.
Contact Information
Workers Compensation Board of Manitoba
333 Broadway Ave., Winnipeg, Manitoba, R3C 4W3
Email: wcb@wcb.mb.ca
Hours of Operation: Monday – Friday 8:30 am to 4:30 pm
For all departments: 204-954-4321 Toll free 1-855-954-4321
To register your business, information on coverage, rates, classifications and payroll reporting call Assessment Services 204-954-4505 or toll free 1-855-954-4321, ext. 4505
Information you will need to provide:
- Legal name of business entity (i.e. ownership);
- WCB Account Number (if known);
- 9-digit Business Number (if known);
- Business contact information;
- Date workers were/will be hired;
- Estimated annual gross payroll;
FAQ
Exercise Riders / Pony Riders (EPR's)– Self-employed or an Employee?
The WCB definition of self-employed is somewhat different than Revenue Canada’s: When an Exercise Rider/Pony rider files their income tax return they list gross self-employed income and deducts related expenses to claim net self-employed income or loss.
Casual workers are still workers and are covered for WCB purposes. The only time a casual worker is not covered is when they are employed otherwise than for the purposes of the employer’s trade or business. For example if a trainer pays someone out of pocket a few dollars to pick up their dry cleaning (Note they paid out of pocket not out of the books required to run the business.) then coverage is not in place. This is confirmed in section 1(3) (d) of The Workers Compensation Act. However if a trainer pays anyone a few dollars out of pocket to ride, groom or provide any service related to maintaining a horse, then coverage is in effect.
The issue is not who the individual is; a trainer or an EPR. The issue is how much control does the individual have over who is paying them – the flow of money. The more control they have the more likely they are an employer or an independent contractor. The less control they have, the more likely they are a worker.
The individual’s occupation is not determinative. What is determinative is the nature of one person’s working relationship with the person paying them. The main focus would be on control over the relationship including control of money also what investment does a freelance rider make to show they are self-employed? The WCB cannot sell personal coverage to a worker. Therefore the individual has to prove they are not a worker (this would mean that they are self-employed) before we sell them personal coverage.
So in Manitoba could a freelance Exercise Rider/Pony Rider apply for their own account?
When registering for an account, does an employer have to list who is going to work for them?
So if you hired another trainer’s full time groom to paddock your horse, you would simply claim the amount you’re paying that groom to paddock under your own payroll information.
Is there any way to check to ensure a Trainer has a valid account?
Are WCB requirements the same Canada wide? North American wide?
Are Farriers considered to be working for the Trainer they are currently shoeing a horse for? Or are they considered self-employed?
The WCB classifies based on industry. Once an industry is compulsory, all occupations in that industry are compulsory. Farriers are in a compulsory industry and depending on the nature of the working relationship with the person paying them will determine if they are self-employed.
If the “feed man” has grown his own hay, we would probably consider them to be a farmer. Farmers have a legislated exemption, but have to cover any workers they employ.
Casual workers are still workers and are covered if they are working in a compulsory industry and are paid out of the business. If they are employed other than the purposes of the employers business, then the casual worker does not have coverage.
The barn area opens up at the end of February for Trainers to have hay , straw and feed delivered, get their stalls set up, horses moved in farrier work done. The training track opens March 1. There is no one in the Licensing office until the middle to the end of March.
If a Trainer does not set up an account prior to employing workers on the grounds;
1) Will he have coverage? Yes the workers are covered. Is there a window of time allowed between employing help and applying for coverage? It is our preference, and in their best interest that Employers register as soon as they start to employ workers. However, we allow up to 6 months for the employer to register.
2) Will he incur a penalty/fine when he does register? Yes, there are late filing and late payment penalties.
If the employer does have an account, but his premium payments are in arrears, and someone working for him gets hurt will the injured worker be covered? Yes. The worker is not denied a claim because the employer has not paid. What would the consequences be to the employer? The Trainer will be required to pay the arrears and will be fined.