Injured worker challenges WorkSafeNB over lost wages

John Lamont has been sitting outside MLA Bruce Northrup's Sussex office since June, wearing a medical boot and holding an orange sign protesting his inability to get compensation for a workplace injury.

The 60-year-old hasn't been able to work since 2010 when he was forced off the job by complications from a broken anklehe suffered in 1993 when he slippedwhile working as an industrial spray painter at the dry dock in Saint John.

Lamont is protesting the compensation pay he was denied by WorkSafeNB after losing appeals in 2011 and 2012 that he says were rejected because of paperwork issues, such as whether he filed the right T4 documents and proof of being seen by a doctor.

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"They won't give me a paycheque," said Lamont.

"They wouldn't accept anything for lost time. And they said since I didn't work for 2011 and 2012, 'We are not going to be pay you for 2013.' So that's where I'm at. They flat out refused to pay me any loss of wages."

Surgery needed

He was told by doctors he needed surgery, although he was continuously referred to other doctors until a failed attempt of putting a bar through his heel in 2014, after which he is still awaiting another surgery.

I've lost everything. Completely. I don't have anything.- John Lamont, injured worker

"Compensation has been paying for my medical, but they refused to pay me any week's paycheque," he said.

He said due to lack of income he had to sell his furniture, his house and later his truck.

"I've lost everything. Completely. I don't have anything," he said.

WorkSafeNB's director of communicationsManon Arsenaultdeclined to discuss the specifics of Lamont's case, citing privacy, but said staff "understand his harsh predicament" and "care."

"We have reached out to Mr. Lamont on several occasions and are actively working to help him," she said in an emailed statement on Friday.

"Workers are compensated for loss of earnings resulting from a work injury and receive medical aid and services when needed," she said.

"Compensation is established based on their loss of income from employment. Workers who have no employment income when theirworkinjurycauses disability receive medical aid and servicesonly, and no financial compensation."

Lamont not alone

TomBarron, anadvocate for injured workers and owner ofBarronLabour Relations, said Lamontis not the only one in the province struggling because of WorkSafeNB.

"We have seen these experiences every single day of my life for over 16 years," he said.

He said there is a lack of communication between injured workers and case managers.

"There is no return of phone calls. Phone calls that are returned don't come for four or five days later," Barron said.

"Case managers that work inside WorkSafeNBdon't know what it's like to be without income for as long as three to five months. And the pressures associated on no income coming into the home. They just don't understand that," he said.

He said in orderfor matters to improve at WorkSafeNB, achange has to occur at the board level.

MLA's help sought

Lamont said he chose the MLA's office hoping Northrupcould help him.

"All he did was call mycase manager twice and asked them to pay me and both times my case manager said, 'No, we are not going to do that," Lamont said.

"And then he calls the RCMP on me."

Northrup said he called the RCMP out of a safety concern.

"I'm concerned about his safety and I emailed the RCMP to say that I am concerned," he said.

"It's a very busy and used car lot. Our landlord isn't happy and people are coming and going. Hopefully nobody would hit John coming out of the lot."

Northrup said he has done everything he could for Lamont.

"I've told him if I can help out in anyway I'll help out, but right now it's betweenWorkSafe and Mr. Lamont right now," he said.