Difference between revisions of "Appealing a Workers' Compensation Decision"
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{{ | {{REVIEWEDPLS | reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law and [https://www.mooreedgarlyster.com/lawyers/sara-hanson Sara Hanson], Moore Edgar Lyster LLP|date= August 2021}} {{Dial-A-Law TOC|expanded = work}} | ||
{{Dial-A-Law | If you disagree with a decision on a workers’ compensation claim, you can request a review of the decision. If you’re still not satisfied, you can '''appeal to a tribunal'''. | ||
==Common questions== | |||
===If my claim for workers’ compensation is denied, can I appeal?=== | |||
Yes. You can ask WorkSafeBC (the agency that operates BC’s workers’ compensation program) to review a decision on a workers’ compensation claim. If you’re unhappy with the outcome of the review, you can appeal to a tribunal. | |||
The [https://www.wcat.bc.ca/ Workers’ Compensation Appeal Tribunal] hears appeals of workers’ compensation decisions. We explain the process in our guidance [https://www.peopleslawschool.ca/appealing-a-workers-compensation-decision/ on appealing a workers’ compensation decision]. | |||
===Can any workers’ compensation decision be appealed?=== | |||
No. Only certain types of decisions can be appealed to the Workers’ Compensation Appeal Tribunal. Among those that can be appealed are decisions on: | |||
* whether a certain type of injury or illness is covered by workers’ compensation | |||
* whether a workers’ injury or illness arose out of and during the course of employment | |||
* whether someone was a worker when they were injured | |||
Some WorkSafeBC decisions that can’t be appealed include: | |||
a decision regarding vocational rehabilitation benefits | |||
a decision about whether or not to refer a decision back to WorkSafeBC | |||
a decision not to give you more time to bring your review | |||
We explain this in greater detail in our guidance on [https://www.peopleslawschool.ca/appealing-a-workers-compensation-decision/ appealing a workers’ compensation decision]. | |||
===How can I get a copy of my claims file?=== | |||
On the [https://www.worksafebc.com/en/claims/manage-claim/view-submit-claim-information WorkSafeBC website], you can view all the information associated with your claim. You can also request a copy of your claim, and WorkSafeBC will send the information to you. | |||
To request a copy, complete and send a [https://www.worksafebc.com/en/resources/claims/forms/request-for-disclosure-form-25m13?lang=en '''request for disclosure''' form] to this address: | |||
:Disclosure Department | |||
:WorkSafeBC | |||
:PO Box 4700 Stn Terminal | |||
:Vancouver, BC V6B 1J1 | |||
All your information is usually in your claim file, but sometimes other WorkSafeBC records have personal information too. To see these records, send a written request to: | |||
:Freedom of Information and Protection of Privacy Office | |||
:WorkSafeBC | |||
:PO Box 2310 Stn Terminal | |||
:Vancouver, BC V6B 3W5 | |||
==Who can help== | |||
===With more information=== | |||
:'''WorkSafeBC''' | |||
:Deals with complaints about unsafe working conditions and injuries on the job. | |||
:Call 1-888-967-5377 | |||
:[https://www.worksafebc.com/ Visit website] | |||
:'''Workers’ Advisers Office''' | |||
:A government office that helps workers with claims for workers’ compensation benefits. They are separate from WorkSafeBC and there’s no charge for their services. | |||
:Call 1-800-663-4261 | |||
:[https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/personal-injury-and-workplace-safety Visit website] | |||
{{Dial-A-Law_Navbox|type=work}} | |||
{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
Latest revision as of 00:24, 8 November 2023
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Richard Johnson, Ascent Employment Law and Sara Hanson, Moore Edgar Lyster LLP in August 2021. |
If you disagree with a decision on a workers’ compensation claim, you can request a review of the decision. If you’re still not satisfied, you can appeal to a tribunal.
Common questions
If my claim for workers’ compensation is denied, can I appeal?
Yes. You can ask WorkSafeBC (the agency that operates BC’s workers’ compensation program) to review a decision on a workers’ compensation claim. If you’re unhappy with the outcome of the review, you can appeal to a tribunal.
The Workers’ Compensation Appeal Tribunal hears appeals of workers’ compensation decisions. We explain the process in our guidance on appealing a workers’ compensation decision.
Can any workers’ compensation decision be appealed?
No. Only certain types of decisions can be appealed to the Workers’ Compensation Appeal Tribunal. Among those that can be appealed are decisions on:
- whether a certain type of injury or illness is covered by workers’ compensation
- whether a workers’ injury or illness arose out of and during the course of employment
- whether someone was a worker when they were injured
Some WorkSafeBC decisions that can’t be appealed include:
a decision regarding vocational rehabilitation benefits a decision about whether or not to refer a decision back to WorkSafeBC a decision not to give you more time to bring your review
We explain this in greater detail in our guidance on appealing a workers’ compensation decision.
How can I get a copy of my claims file?
On the WorkSafeBC website, you can view all the information associated with your claim. You can also request a copy of your claim, and WorkSafeBC will send the information to you.
To request a copy, complete and send a request for disclosure form to this address:
- Disclosure Department
- WorkSafeBC
- PO Box 4700 Stn Terminal
- Vancouver, BC V6B 1J1
All your information is usually in your claim file, but sometimes other WorkSafeBC records have personal information too. To see these records, send a written request to:
- Freedom of Information and Protection of Privacy Office
- WorkSafeBC
- PO Box 2310 Stn Terminal
- Vancouver, BC V6B 3W5
Who can help
With more information
- WorkSafeBC
- Deals with complaints about unsafe working conditions and injuries on the job.
- Call 1-888-967-5377
- Visit website
- Workers’ Advisers Office
- A government office that helps workers with claims for workers’ compensation benefits. They are separate from WorkSafeBC and there’s no charge for their services.
- Call 1-800-663-4261
- Visit website
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