Appealing a Workers' Compensation Decision

From Clicklaw Wikibooks
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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