View source for Introduction to Compensation Claims for Injured Workers (7:III)

{{REVIEWED LSLAP | date= August 1, 2023}}
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Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses. 

Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''Act'' [Former Act, Part 1]. Specifically, the board may determine:

* whether a worker's injury has arisen out of or in the course of an employment;
* the existence and degree of a worker's disability by reason of an injury;
* the permanence of a worker's disability by reason of an injury;
* the degree of impairment of a worker's earning capacity by reason of an injury;
* the existence, for the purposes of the compensation provisions, of the relationship of a family member of a worker;
* the existence of dependency in relation to a worker;
* the amount of the average earnings of a worker for purposes of payment of compensation;
* whether a person is a worker, subcontractor, contractor or employer within the meaning of the compensation provisions;
* the amount of the average earnings of a worker, whether paid in cash or board or lodging or other form of remuneration, for the purpose of levying assessments;
* whether an industry or a part, branch or department of an industry is within the scope of the compensation provisions, and the class to which an industry or a part, branch or department of an industry within that scope should be assigned;
* whether a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.

Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''Act'' [Former Act, Part 3].  

Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim. Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below. 

The nature of the worker’s injury will generally determine the relevant law and policy. The main types of injuries are: 

* Personal Injury (physical or physical and psychological) – sections 134 and 146 of the WCA [Former Act, s. 5];
* Psychological Injury (mental disorder) – section 135 of the WCA [Former Act, s. 5.1];
* Occupational Disease – sections 136(1) and 137 of the WCA [Former Act, ss. 6(1) and 6(3)]; and
* Hearing Loss – section 145 of the WCA [Former Act, s. 7]


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