I've Been Cut off Workers' Compensation Benefits

Workers' compensation is a system of benefits for people who are injured at work—regardless of whose fault it is. Workers' compensation is operated by a government agency called WorkSafeBC.

Almost all employers have to pay into workers' compensation. You can get compensation for lost pay until either you can return to work, or your disability stabilizes. You are entitled to rehabilitation services to help you get back to work, and you may be entitled to a pension if your injury results in a permanent disability.

If you are off work for more than a couple of weeks, you will probably receive quite a few letters from WorkSafeBC. Read these carefully, because each one could be a decision denying or limiting benefits.

First steps

1. If a decision limits or cuts you off benefits, you can ask for a review of it by a Review Officer. You must apply for this review within 90 days after the decision, or the review may be turned down. (You can get the "Request for Review" and "Request for Disclosure" forms by phone at 1-888-967-5377 or online at the WorkSafe BC website, www.worksafebc.com. Click on the "Forms" link, then the "Workers" link under the heading "WorkSafeBC Forms", and scroll down to Form 63M1, "Request for Review" and Form 25M13, "Request for Disclosure".)
2. Complete the Request for Review with as much relevant information as you can. Send it to the WorkSafe BC Review Division.

What happens next

The Review Officer will review your Request for Review and other relevant documents, and provide you with a decision within six months.

If you don't like the Review Board decision, you can appeal it to the Workers' Compensation Appeal Tribunal. You must file this appeal within 30 days after the Review Board decision or the appeal may be turned down.

Where to get help

See the Resource Guide in Part 2 for a list of helpful resources. Your best bets are:

• Workers' Advisers.
• PovNet.
• LawLINE.
• Access Justice, Lawyer Referral Service, Salvation Army Pro Bono Lawyer Consultation Program, Private Bar Lawyers.
• Community Legal Assistance Society.
• Law Students Legal Advice Program (see Chapter 7, "Workers' Compensation" for useful information on workers' compensation issues).
• The WorkSafeBC website, www.worksafebc.com, has a lot of information about workers' compensation, including copies of appeal decisions.

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview in Part 3 of this guide. Make sure you bring copies of all documents relating to your case.

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."