JCP Program, Work Injury Problem Question, Please Help
I work in a JCP (Job Creation Program), which is basically a Skills Learning Program sponsored by the government available to persons who are or have recently been unemployed. This JCP runs under the authority of the Southwest Shore Development Authority (SWSDA). I recently had a work injury where a pulled muscle deep in my right hip has caused my right leg to be in agony. After a number of weeks off work, eventually finding a therapist who is able to understand and treat my condition, I am getting better. But, the therapist tells me that I am not ready to go back to work as aggravating the muscle/s could cause great pain to return and would worsen my condition, making it a life-long crippling injury (instead of being healed.)
Problem is: I have just been informed by the office that if I do not return to work tomorrow morning I will be kicked off the program (unable to return.) This is because it is looked at like unemployment; if you are incabale of working, you can't receive pay. It is hard to look for work while working full time, but I found an employee who wants to hire me (problem is, he has been waiting for months now to hear back from the government for a rebate for the on-site training he wants to do.) So, it has hard to say how much longer this might drag on. The department I work for does not go by Worker's Comp, they have their own insurance agency (AXA Assurances Inc.) And AXA can't tell me how much they would cover and for how long until the approval process is completed (which could be weeks yet.) I can't afford time off without pay. 
Can they do this? Shouldn't I be covered by a work injury? Help please...
Sorry, I didn't see this until now. Have you tried calling the Workers' Compensation Board and see what they say?
5668 South Street
P O Box 1150
Halifax NS B3J 2Y2
(902) 491-8999
Toll-free 1-800-870-3331 (mainland NS); 1-800-880-0003 (Sydney)
Fax: (902) 491-8002
http://www.wcb.ns.ca
You might also consider getting in touch with these folks.
5670 Spring Garden Road, Suite 502
P.O. Box 1063
Halifax, NS B3J 2X1
Telephone (Voice and TDD): 424-5050
Toll Free in NS: 1-800-774-4712
Fax: (902) 424-0530
Internet: http://www.gov.ns.ca/enla/wap/
First I ever heard of an employer opting out of workers' comp. Is that legal, tm?
Unfortunately there are many of them, particularly in Ontario where various industries -- banks, (ah hem) law offices -- have lobbied successfully for exclusion. In this case there would probably also have to be a determination whether this student is a worker and the development corporation an employer under the NS Act and regs.
Having said that, many employers in industries that do have mandatory WC coverage would still very much prefer that their employees opt for disability insurance instead. This is frequently not in the employees' best interests.