Difference between revisions of "Workers' Compensation"

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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}}
Getting hurt or ill on the job not only impacts your health, but can leave you without a source of income. That’s where British Columbia’s workers’ compensation program comes in.


If you think that the Workers’ Compensation Board, now called WorkSafeBC, made the wrong decision in your case, or if you don’t understand the decision, ask the WorkSafeBC officer handling your claim to explain it. Ask for a decision letter, if you didn’t already get one. If you are still not satisfied with the decision, you may request a review, and if you are not satisfied with the decision on the review, you may file an appeal.
==Common questions==
===What type of injuries and illnesses are covered by workers’ compensation?===
The program covers a wide range of occupational injuries and illnesses, including:


==Reviews==
* '''physical injuries''', such as a broken bone, burn, or concussion
First, you have to ask WorkSafeBC’s Review Division to review the decision – within 90 days of the date of WorkSafeBC’s decision letter or, in some cases, within 90 days of the date that WorkSafeBC told you its decision orally or stopped paying you. Because WorkSafeBC routinely communicates some decisions orally, the Review Division will also accept review requests from oral decisions. After you request a review, you will receive a letter setting a time to make written submissions. The Review Division does not normally hold oral hearings.
* '''diseases''', such as cancer or a respiratory disease like asbestosis
* '''psychological injuries''' (the law uses the term '''mental disorders'''), such as diagnosed anxiety caused by harassment or some other traumatizing incident at work


The Review Division considers the written submissions and WorkSafeBC’s file and gives its decision, usually within 150 days. The WorkSafeBC website, at [http://www.worksafebc.com www.worksafebc.com], has more information on reviews. The phone numbers for the Review Division are 604.214.5411 in the lower mainland and 1.888.922.8804 elsewhere in BC. At the same time, if you feel that WorkSafeBC has treated you unfairly, you can also complain to its Fair Practices Office and the Ombudsperson of BC ([http://www.ombudsman.bc.ca www.ombudsman.bc.ca] and 1.800.567.3247).
For your claim to be successful, the injury or illness must have occured in the course of your employment.


==Appeals==
For more, see our [https://www.peopleslawschool.ca/making-a-claim-for-workers-compensation/ in-depth coverage].
If you disagree with the decision of the Review Division, you can usually appeal to the Workers’ Compensation Appeal Tribunal [http://www.wcat.bc.ca www.wcat.bc.ca]). But you cannot appeal decisions of the Review Division on specific issues, such as vocational rehabilitation, commutations, prevention orders (other than penalties), and certain types of disability awards. If you want to appeal, you have to do so within 30 days of the date of the decision by the Review Division. Contact the Tribunal in writing (see address below) or phone 604.664.7800 in the lower mainland and 1.800.663.2782 (toll free) elsewhere in BC.


You can appeal by phone or letter, or you can use the Notice of Appeal form on the Tribunal’s website. If you appeal by phone, you have to follow it up with the form within 21 days. If you use a letter or the form, fax them to 604.664.7898 or mail them to:
===What do I do if I get injured at work?===
First, report the injury to your employer right away. They’re responsible for getting you any necessary first aid and taking you to a medical facility (if needed).


:'''WCAT'''
Second, see your physician. Your doctor will recommend treatment, and may refer you to another health care practitioner. Ask them if there are modified work duties you can continue during your recovery. Make sure to let your health care providers know you were injured at work.
:150 – 4600 Jacombs Road
:Richmond, BC V6V 3B1


==What the Tribunal does==
Third, start a claim for '''workers’ compensation'''. This is a BC government program that compensates workers who suffer a workplace injury or illness. We have in-depth coverage of [https://www.peopleslawschool.ca/making-a-claim-for-workers-compensation/ making a claim for workers’ compensation].
The Tribunal will send you a letter to confirm that it got your appeal and give you an appeal number. You should always include this appeal number, and your WorkSafeBC file number, in any material you submit. The Tribunal will ask you to make your submissions in writing or tell you the date for your oral hearing. Normally, the Tribunal decides a case within 180 days of when it receives your claim file from WorkSafe BC.


The Tribunal must apply the law and the policies of the WorkSafeBC Board of Directors that apply to your appeal. You should find out what policies apply to your case. You can see previous Tribunal decisions on its website.
===If my workers’ compensation claim is accepted, what do I receive?===
WorkSafeBC — the agency that runs BC’s workers’ compensation program — offers a variety of benefits and services to those who are eligible. Depending on the nature of injury or illness, you could receive:


==Preparing for reviews and appeals==
* health care benefits and services, to cover the cost of health care services and supplies considered reasonably necessary to treat your injury or illness
Before you start, see the information guides on the Tribunal’s website, at [http://www.wcat.bc.ca www.wcat.bc.ca]. Click on “Information Guides” for detailed information on appeals. Decide whether you want to handle your own appeal or have someone help you. If you are a union member, discuss your case with the union. They may have a representative who can help you, or they may hire a lawyer for you in a serious case. You may want to hire your own lawyer anyway. Make sure the lawyer has experience in workers’ compensation.
* wage-loss benefits, to compensate you if you lose pay as a result of your injury or illness
* vocational rehabilitation services, a collaborative process to help you safely transition back to the job you were doing
* permanent disability benefits, to compensate you if your disability is likely to impair your future earning capacity


If you don’t get help from a union or lawyer, you should contact the Workers’ Advisers Office of the BC Ministry of Labour and Citizens’ Services. Workers’ Advisers are separate from WorkSafeBC and there’s no charge for their service. They can help workers apply for reviews and appeals, and they have detailed information on their website at [http://www.labour.gov.bc.ca/wab www.labour.gov.bc.ca/wab]. Their phone numbers are 604.713.0360 in Vancouver and 1.800.663.4261 elsewhere in BC.
If you had a condition that predated the workplace injury, workers’ compensation only covers you for the problems caused specifically by the workplace injury.


If you are an employer, you should contact the Employers’ Advisers. They provide independent advice, assistance, representation and training to employers, potential employers and employer associations concerning workers' compensation issues. There is no charge for their service. They have detailed information on their website at [http://www.labour.gov.bc.ca/eao www.labour.gov.bc.ca/eao].
We explain each type of benefit in our guidance on [https://www.peopleslawschool.ca/making-a-claim-for-workers-compensation/ making a claim for workers’ compensation].


==What you need to show==
===I’m self-employed. Am I eligible for workers’ compensation?===
Reviews and appeals are serious. You need to show clearly what’s wrong with the decision. You may need new evidence to support your appeal. You may need more evidence than you had when you first made your claim, such as medical evidence from doctors and specialists. It’s important to get all the evidence you need, as soon as you can.
In BC, there’s no requirement for self-employed workers to register for coverage under the workers’ compensation program. But if you’re self-employed, you may be able to purchase '''optional coverage'''. This would cover your lost salary and medical expenses if you’re injured on the job.


==Check the Information Guides and your WorkSafeBC file==
The WorkSafeBC website explains [https://www.worksafebc.com/en/insurance/need-coverage/optional-coverage how to apply for optional coverage].
To prepare your case, in addition to looking at the Tribunal’s Information Guides, you should also look at your WorkSafeBC file. You have the right to see it and you should automatically get it when you ask for a review. You will automatically get updated disclosure when you appeal a Review Division decision.


Even if you don’t have an active review or appeal, you can request disclosure of your claim file by sending a written request, using a form on the WorkSafeBC website ([http://www.worksafebc.com www.worksafebc.com]), to:
==Who can help==
===With a claim===


:Disclosure Department
:'''WorkSafeBC'''
:WorkSafeBC
:Deals with complaints about unsafe working conditions and injuries on the job.
:PO Box 4700 Stn Terminal
:Call 1-888-967-5377
:Vancouver BC V6B 1J1
:[https://www.worksafebc.com/ Visit website]
:Fax: 604 233-9777 or toll free 1 888 922-8807
 
All your personal information is usually in your claim file, but sometimes other WorkSafeBC records also have personal information. To see these records, under the Freedom of Information and Protection of Privacy Act, send a written request to:
 
:'''Freedom of Information and Protection of Privacy Office'''
:WorkSafeBC
:PO Box 2310 Stn Terminal
:Vancouver, BC V6B 3W5
:Phone 1.866.266.9405
:Fax 604.279.7401
 
You can also see most of your claim file information online on the WorkSafeBC website. You will need your claim number and your personal access number.
 
For more on this, check script [[Freedom of Information and Protection of Privacy (Script 235)|235]], called “Freedom of Information and Protection of Privacy”. As well, the ''Freedom of Information and Protection of Privacy Act'' is available at [http://www.bclaws.ca www.bclaws.ca].
 
==For more information==
*Check script [[Workers' Compensation (Script 285)|285]], called “Workers’ Compensation”, and the Tribunal’s website at [http://www.wcat.bc.ca www.wcat.bc.ca], including its Information Guides.
*Check the Workers’ Advisers website, at [http://www.labour.gov.bc.ca/wab www.labour.gov.bc.ca/wab] or Employers’ Advisers website at [http://www.labour.gov.bc.ca/eao www.labour.gov.bc.ca/eao].
 
[[Workers' Compensation (Script 285)|285]],
 
[updated January 2014]
 
 
----
----


:'''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]


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Latest revision as of 00:22, 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.
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Getting hurt or ill on the job not only impacts your health, but can leave you without a source of income. That’s where British Columbia’s workers’ compensation program comes in.

Common questions

What type of injuries and illnesses are covered by workers’ compensation?

The program covers a wide range of occupational injuries and illnesses, including:

  • physical injuries, such as a broken bone, burn, or concussion
  • diseases, such as cancer or a respiratory disease like asbestosis
  • psychological injuries (the law uses the term mental disorders), such as diagnosed anxiety caused by harassment or some other traumatizing incident at work

For your claim to be successful, the injury or illness must have occured in the course of your employment.

For more, see our in-depth coverage.

What do I do if I get injured at work?

First, report the injury to your employer right away. They’re responsible for getting you any necessary first aid and taking you to a medical facility (if needed).

Second, see your physician. Your doctor will recommend treatment, and may refer you to another health care practitioner. Ask them if there are modified work duties you can continue during your recovery. Make sure to let your health care providers know you were injured at work.

Third, start a claim for workers’ compensation. This is a BC government program that compensates workers who suffer a workplace injury or illness. We have in-depth coverage of making a claim for workers’ compensation.

If my workers’ compensation claim is accepted, what do I receive?

WorkSafeBC — the agency that runs BC’s workers’ compensation program — offers a variety of benefits and services to those who are eligible. Depending on the nature of injury or illness, you could receive:

  • health care benefits and services, to cover the cost of health care services and supplies considered reasonably necessary to treat your injury or illness
  • wage-loss benefits, to compensate you if you lose pay as a result of your injury or illness
  • vocational rehabilitation services, a collaborative process to help you safely transition back to the job you were doing
  • permanent disability benefits, to compensate you if your disability is likely to impair your future earning capacity

If you had a condition that predated the workplace injury, workers’ compensation only covers you for the problems caused specifically by the workplace injury.

We explain each type of benefit in our guidance on making a claim for workers’ compensation.

I’m self-employed. Am I eligible for workers’ compensation?

In BC, there’s no requirement for self-employed workers to register for coverage under the workers’ compensation program. But if you’re self-employed, you may be able to purchase optional coverage. This would cover your lost salary and medical expenses if you’re injured on the job.

The WorkSafeBC website explains how to apply for optional coverage.

Who can help

With a claim

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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