By Elvin Bailey
She noticed the water spilling from the boy’s bathroom, and muttered to herself, “Dem boys carn hear tun arf de pipe when dem done,” as she went for the mop, bucket and bass broom. As she stepped into the bathroom, however, she slipped and landed hard on her back.
Her first reaction was to look around to see if anybody saw her fall. Then she got up, cussed some more and proceeded to clean up the water after turning off the tap. She didn’t tell her employer about it because she was “shame”. Besides, being lightly schooled, and grateful for the job, she figured it was only an accident and that, since she was feeling ok, she didn’t want to cause any trouble. She didn’t realize that when she landed, she jarred and injured her shoulder. Therefore, it was never reported as an Employment Injury.
A few weeks later, she started having pain and difficulty walking. When it became unbearable, she went to the doctor who gave her time off from work and asked her to rest at home. She was awarded her sickness benefit, claimed for the medical and medication from her insurance, but did not exactly rest as she continued with her ‘housework’.
Eventually, her sick leave reached the maximum allowable twenty six weeks (6 months) and she still wasn’t healed properly. Any further claim meant that she had to be evaluated by one of the medical doctors specifically assigned to Social Security. She was awarded another three months off work and paid Invalidity Pension (a different calculation altogether). At the end of the 3 months, she was again examined by our doctor.
This time, the medical report intimated that she should return to work. The benefit was stopped. She went to work, but couldn’t work properly so she was replaced.
Election time came around and she was being canvassed for her vote. She gave the candidate an earful about her experience with Social Security, how she fell down on the job and now cannot work and nobody gives her anything. Eventually, a lawyer was engaged to take up the case. A report was requested from the workplace, but that boss was no longer there (he had retired) and in any case couldn’t corroborate the story about the incident. That is real life story No. 1.
In real life story No. 2, his wife died young, leaving him with 3 school-aged children to raise. He was a master mason, foreman quality, who could easily have been a contractor himself. It was in the mid 90’s before housewives were considered engineers, subject to QVC’s and CSME Skills Certificate; and before Self Employed coverage, and even before men were eligible for widower pensions. Therefore, he was left as the sole provider. So, to make ends meet, he took a job with a construction firm.
He explained his situation to his boss and they made an agreement. He would be paid $500 per week, but only $200.00 would be reported to Social Security for the purpose of deductions. He needed the money to help support the children etc. Deal! He was the provider for his family, doing what a man ought to do!
He started having abdominal pains and, as man, he ignored them until he couldn’t do so any longer. He had appendicitis and was rushed to the hospital for surgery and spent two weeks. His boss didn’t pay him while he was sick – he didn’t have to. The claim on Social Security yielded payment at the standard rate of 65% of $200.00 for the two weeks, a total of $260.00.
The week of his release he came to our office. He complained in very colour-foul language that Social Security “rob him”. We walked him through the process, explaining to him that his wages was $200.00 per week…He stopped us right there and informed that he is a foreman, getting $500.00 a week and provided proof. His boss was confronted, a hallelujah man, who admitted his “sin”, paid up and paid the associated fines and penalties. As a result, his sick leave payment was adjusted to $650.00.
Now he is 66 years, and his children are gone. His only source of income is his pension because nobody is hiring him as a mason anymore. A total of just under $23,500 was paid into Social Security by and for him as a result of that intervention. He has so far collected almost $35,000 in pension over the 4 years of retirement, just over $700 per month. His language has become testimonial in nature.
The modern day twist to this type of case is that the employer [contractor] now claims that the employee is self employed. He comes when he likes, does what he likes, for as long as he likes, using equipment and materials that he, the worker, brings and presumably, he can charge what he likes. He is therefore responsible for his own Social Security payments. We disagree! Strongly. We also believe that the law is on our side.
What lessons have we learnt from the above stories? In some countries, the law requires that an incident report be completed by the employee and the employer is obligated to report this incident to the Department that is responsible for workplace safety. The ‘scene’ would have had to be held (just like a homicide scene) until released by the Department. Further, the employee would have been obligated to have the staff trained in workplace safety and reporting procedures, and provide for appropriate clothing (including shoes). Then, any staff in contravention would have been deemed negligent and may be ineligible for compensation.
Hiding from Social Security is a lose-lose situation; the real losers are the employer and the employee. Indeed, it is criminal to collude to defraud Social Security. Therefore, we encourage all persons to report honestly and promptly. I have seen those persons who were confident that they “got away with it” admit the error of their ways upon attaining pensionable age.
Those who do not learn from their collective history are doomed to repeat it. Let us all endeavour not to repeat the mistakes of the past. Try not to fall in the same place twice.
