Difference between revisions of "I've Been Cut off Workers' Compensation Benefits"

Workers' compensation is a no fault insurance scheme. If you have been injured at work, you will not be allowed to sue your employer or any other worker or employer who may have caused the injury. Your only recourse is to make a workers' compensation claim. That makes it very important that you report your injury to your employer and the WCB as soon as possible after it occurs, and that you and your doctor give the WCB the information it needs about your condition and prospects for recovery.   

Initially, the WCB pays benefits equal to 90% of the net (take home) wages you were earning at the time of injury. After ten weeks the benefits will be based on your long term average earnings. If your benefits drop significantly at this point, you should consider an appeal.   

When the WCB decides that you have recovered, your benefits will cease. If you and/or your doctor do not agree that you are ready to go back to work, you should appeal. The WCB will also terminate your benefits if they feel that your condition has stabilized and become permanent. If you or your doctor disagree, you should appeal.   

Workers who have a permanent disability are entitled to a total or partial pension, payable until age 65. Permanently disabled workers (and sometimes others) may also be entitled to vocational rehabilitation assistance. As well, WCB plays all medical and related costs of an injury or disease.  

If a decision of the WCB limits your benefits or cuts you off benefits, the first stage of the appeal process is to request a '''review of the decision''' by the WCB Review Division.  

# To request a review of a decision by the WCB's Review Division, get the [http://www.worksafebc.com/forms/assets/PDF/63m1.pdf Request for Review] form online or by phone at 1-888-855-2477.  

# Complete the request for review form and submit it to the Review Division '''within 90 days''' of the date that the WCB decision or order was made. The address is on the form.

| tips = If you are off work for a significant period of time, you will receive many letters from WorkSafeBC. Read these carefully, because each one could be a decision denying or limiting benefits. If in doubt, get legal advice, and if there is something in the letter that you don't agree with, challenge it. If you fail to request a review of a decision within the 90 day time limit, you may lose any chance of changing it, no matter how unfair it is.

You will receive a complete copy of your WCB file, including all documents the Board has about your claim. Review it carefully to better understand why the Board made the decision you are appealing, so that you can explain to the Review Division why it is wrong.

The Review Officer will give you a deadline for sending in any new information or arguments. If you need more time, ask for it. Make sure that you tell the Review Officer about any wrong information in the file, whether it's from a WCB doctor, your employer, or anyone else, and that you explain why the Board's decision was wrong.   

| tips = There are several options for seeking legal help on a WCB claim review. The Workers' Advisers Office provides free, expert advice and occasionally  representation to any worker who requests it. Contact them immediately, as you may have to wait for an appointment. Most unions also provide free, expert help to their injured members. If you belong to a union, tell them about the injury immediately. There are also community organizations that do WCB cases, and there are private lawyers and non-lawyer advocates who are experts in WCB matters.  

If you disagree with the Review Division's decision, you can appeal it to the Workers' Compensation Appeal Tribunal (WCAT). You must appeal '''within 30 days''' after the date of the Review Division decision.  

The WCAT is the final level of appeal, and its decisions can only be challenged in a judicial review proceeding in the Supreme Court of BC. The WCAT can, however, reconsider its own decisions on the basis of new evidence that couldn't have been presented at the first appeal, or because the first decision was based on a serious legal error.  

See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are:   

* [[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers]].  

* The ''Law Students' Legal Advice Program Manual'' chapter on "[http://www.clicklaw.bc.ca/resource/1723 Workers' Compensation]".    

* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1077 I’ve been cut off workers' compensation benefits]"  

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