Policy
Claims for compensation and health care benefits shall be accepted in cases where it is medically determined that a premature termination of pregnancy "arose out of and in the course of employment", as a result of
- trauma to the abdominal or genital region
- exposure to an industrial substance
- exposure to a disease in those cases where the worker's duties require her to come in contact with the disease, e.g., hospital workers exposed to German measles, or
- physical assault.
Guidelines
Entitlement includes payment of health care and compensation for lost time necessitated by a therapeutic abortion or due to miscarriage.
No liability can be assumed for injury to the fetus.
Entitlement
Trauma to the abdominal/genital region
Medical evidence must confirm that
- a chance event involving the abdominal or genital region occurred
- the onset of the miscarriage occurred within 48 hours, and
- it is medically considered that the abortion or miscarriage is due to the accident reported.
Exposure to an industrial substance
Entitlement exists if a therapeutic abortion is medically recommended following exposure to an industrial substance which would probably cause damage to the unborn child.
Exposure to disease
Entitlement exists if a therapeutic abortion is medically recommended following exposure to a disease which would probably cause damage to the unborn child. The worker's duties must result in, or cause exposure to the disease, e.g., hospital workers exposed to German Measles.
Physical assault
In cases where pregnancy is attributable to a physical assault arising out of and in the course of employment, entitlement exists for a therapeutic abortion if medically recommended.
Unusual circumstances
Claims which do not fit these guidelines will be considered on the merits of the particular circumstances in each case.
Application date
This policy applies to all accidents.
Document History
This document replaces 03-03-09.
References
Legislative Authority
Workplace Safety and Insurance Act, 1997, as amended
Sections 2(1), 13, 15
Minute
Board of Directors
#8 (V), June 10, 2004, Page 6618