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{{Dial-A-Law TOC|expanded = employment}}
==What is Workers’ Compensation?==
Workers’ Compensation is a government program under the ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96492_00 Workers Compensation Act]''. It is run by the Workers’ Compensation Board of BC and paid for by employers. The Workers’ Compensation Board now uses the name “WorkSafeBC[http://www.worksafebc.com/ WorkSafeBC].” The program is designed to:
*pay workers for some of their lost income and certain expenses if they suffer a workplace injury or disease – regardless of who was at fault – or to pay a worker’s family if the worker dies from the injury or disease.
*help injured workers get back to work.
*make and enforce promote health and safety rules and promote safety in the workplace. As of November 2013, WorkSafeBC policies deal with workplace bullying and harassment. They explain what these terms mean and set out the duties of employers, employees and supervisors to prevent and respond to workplace bullying and harassment. Details are on the WorkSafeBC website at [http://www.worksafebc.com www.worksafebc.com]. The ''Workers Compensation Act'' is available at [http://www.bclaws.ca www.bclaws.ca](including sexual harassment).
==Who can get Workers’ Compensation?==
The program covers almost all workers, both full- and part-time, including office workers, farm workers, performers, and domestic workers. Unregistered labour contractors may also be entitled to benefits. Independent contractors can register with the program for personal optional protection. If they don’t do this, they are not entitled to compensation for work injuries or diseases.
If you suffer a workplace injury or disease, you may be able to get one or more of the following benefits. A workplace injury or disease can include a mental disorder. For example, a worker who is sexually harassed at work and suffers a mental disorder from it, may be able to get compensation (if the harassment did not involve a physical injury). Script 271 explains sexual harassment.
==Types of benefits==
===1. Short-term disability or wage loss benefits for temporary disability===
These benefits pay you, at least partly, for income you lose because of your workplace injury or disease. If you are injured and unable to work, the benefits are usually 90% of your net wagesat the time of your injury or disease. These benefits pay you for lost income, but only up to a maximum wage (adjusted each year). If you remain temporarily disabled after 10 weeks, WorkSafeBC may recalculate your benefits based on your net income in the 12 months before your injury or disease. Wage loss benefits continue until you are no longer temporarily disabled or your condition becomes stable . “Stable” means your condition stays the same and the medical evidence indicates it will probably not get any better or worseover the next 12 months.
===2. Long-term or permanent disability and retirement benefits, and death benefits===If you are permanently disabled, totally or partly, you are entitled may be able to get permanent disability benefits and retirement benefits. These are paid in one of two ways: a “permanent functional impairment ('''PFI''') award” or a “loss of earnings ('''LOE''') award.” Usually, WorkSafeBC pays a PFI award. But if WorkSafeBC finds that a PFI award does not properly compensate you – because you—because your disability reduces your ability to continue working in your occupation to an exceptional extent – it extent—it may pay an LOE award. Although a permanent disability award covers permanent chronic pain, it does not cover loss of enjoyment of life, or damage to your clothes or vehicle.
WorkSafeBC won’t decide about any permanent disability until your condition becomes stable. That means your condition stays the same and the medical evidence indicates it will probably not get any better or worse over the next 12 months. Normally, if long-term benefits are more than $200 a month, they are paid monthly. If benefits are less than $200 a month, you will probably get a lump-sum payout. Even if WorkSafeBC plans to pay you benefits monthly, you can apply for a “commutation” commutation (a lump-sum payout) of all or part of your award. Generally, you won’t get a '''commutation ''' if the benefits are more than $200 a month. You may get a commutation only if it improves your income. And you must have another stable income source, apart from the benefits.
Families of workers who are killed on the job or die from a workplace injury or disease, may qualify for an award and vocational training help.
If WorkSafeBC decides that you cannot return to your pre-injury job because of your injury and your employer cannot offer a modified job, you may be entitled to vocational rehabilitation services. These benefits are for vocational retraining, workplace redesign or job modification, training on the job, and job search activity. If your injury or disease eventually forces you to change your occupation, you should think about your future educational and vocational needs. You should ask WorkSafeBC for rehabilitation guidance to help you plan your future. You have to take charge of your own rehabilitation. If you have a good idea of what you want, you explain it, and it is appropriate, the more likely you are to get it.
==How to applyfor benefits==If '''Report the injury or illness immediately'''—if you suffer a workplace injury or illness, report it immediately to your employer, your doctor and WorkSafeBC. You can get application forms from your employer, your union, or the WorkSafeBC website at [http://www.worksafebc.com www.worksafebc.com/ WorkSafeBC website]. Call 604.231.8888 in the lower mainland and 1.888.967.5377 elsewhere in BC (free of charge). Your employer and your doctor must report your injury or disease to WorkSafeBC within 3 days of when you tell them about it. '''Apply to WorkSafeBC for benefits'''—you must apply to WorkSafeBC if you want benefits. Just reporting an injury to your employer and doctor is not enough.
Deciding whether you get benefits can be complicated. You should discuss your case with your union, a lawyer, or the [http://www.labour.gov.bc.ca/wab Workers’ Advisers Office]. Workers’ Advisers work for the Ministry of Labour Jobs, Tourism and Citizens’ Services Skills Training to help workers with their claims. They are separate from WorkSafeBC and there’s no charge for their service. Their website is [http://www.labour.gov.bc.ca/wab www.labour.gov.bc.ca/wab] and their phone numbers are 604.713.0360 in Vancouver and 1.800.663.4261 elsewhere in BC.
==Reviews and Appeals – if you disagree with the WorkSafeBC decision==
==More information==
*Check the [http://www.worksafebc.com/ WorkSafeBC website] for more information on workers’ compensation. Check its [http://worksafebc.com/claims/review_and_appeals/workers_and_dependants/default.asp reviews and appeals section] for more on those topics.
*Check the [http://www.labour.gov.bc.ca/wab Workers’ Advisers website] for detailed information on reviews and appeals. Employers should check the [http://www.labour.gov.bc.ca/eao Employers’ Advisers website].
*Check script [[Appealing a Workers' Compensation Decision (Script 286)|286]], called “Appealing a Workers’ Compensation Decision”, and the [http://www.wcat.bc.ca/ Tribunal’s website] for more information on appeals.
[updated February 2014November 2015]