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Difference between revisions of "Workers' Compensation"
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==What is Workers’ Compensation?== | ==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 uses the name [http://www.worksafebc.com/ WorkSafeBC]. The program is designed to: | 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 uses the name [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 | *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. | *help injured workers get back to work. | ||
*promote health and safety in the workplace, and prevent and respond to workplace bullying and harassment (including sexual harassment). | *promote health and safety in the workplace, and prevent and respond to workplace bullying and harassment (including sexual harassment). | ||
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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. | 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 [[Sexual Harassment (Script 271)|271]] explains sexual harassment. | 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 (even if the harassment did not involve a physical injury). Script [[Sexual Harassment (Script 271)|271]] explains sexual harassment. | ||
==Types of benefits== | ==Types of benefits== | ||
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===2. Long-term or permanent disability and retirement benefits, and death benefits=== | ===2. Long-term or permanent disability and retirement benefits, and death benefits=== | ||
If you are permanently disabled, totally or partly, you 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 your disability reduces your ability to continue working in your occupation to an exceptional 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. | If you are permanently disabled, totally or partly, you 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, to compensate you based on the kind of injury you have. But if WorkSafeBC finds that a PFI award does not properly compensate you—because your disability reduces your ability to continue working in your occupation to an exceptional 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. | 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. | ||
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'''What happens when you apply'''—a WorkSafeBC officer will examine your claim and decide if you get benefits, and if so, the type and amount. | '''What happens when you apply'''—a WorkSafeBC officer will examine your claim and decide if you get benefits, and if so, the type and amount. | ||
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 | 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 to help workers with their claims. They are separate from WorkSafeBC and there’s no charge for their service. Their phone numbers are 604.713.0360 in Vancouver and 1.800.663.4261 elsewhere in BC. | ||
==Reviews and | ==Reviews and Appeals—if you disagree with the WorkSafeBC decision== | ||
'''Reviews'''—if WorkSafeBC decides that you are not eligible for benefits, or if you don’t understand its decision, ask the WorkSafeBC officer handling your claim for an explanation. Ask for a decision letter if you didn’t already get one. If you’re still not satisfied, you can ask the [http://worksafebc.com/claims/review_and_appeals/review_division/default.asp Review Division] of WorkSafeBC to review the decision. | '''Reviews'''—if WorkSafeBC decides that you are not eligible for benefits, or if you don’t understand its decision, ask the WorkSafeBC officer handling your claim for an explanation. Ask for a decision letter if you didn’t already get one. If you’re still not satisfied, you can ask the [http://worksafebc.com/claims/review_and_appeals/review_division/default.asp Review Division] of WorkSafeBC to review the decision. | ||
In a few cases, you can only appeal to the Workers’ Compensation Appeal Tribunal (you can’t ask for a review). These cases are Board decisions to reopen (or not reopen) a matter, and decisions on discriminatory action complaints (that an employer punished you for raising safety concerns at work). Appeals are explained below. | |||
'''Time limit to ask for review'''—you must ask for a review within '''90 days''' of the date of WorkSafeBC’s decision letter or, in some cases, within 90 days of the date when WorkSafeBC told you its decision orally or stopped paying you. WorkSafeBC should automatically give you a copy of your claim file and you can use the information in it for your review. 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. | '''Time limit to ask for review'''—you must ask for a review within '''90 days''' of the date of WorkSafeBC’s decision letter or, in some cases, within 90 days of the date when WorkSafeBC told you its decision orally or stopped paying you. WorkSafeBC should automatically give you a copy of your claim file and you can use the information in it for your review. 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. | ||
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The Review Division considers the written submissions and WorkSafeBC’s file and gives its decision, usually within 150 days. The [http://worksafebc.com/claims/review_and_appeals/default.asp WorkSafeBC website] 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 [http://www.ombudsman.bc.ca/ Ombudsperson of BC] at 1.800.567.3247). | The Review Division considers the written submissions and WorkSafeBC’s file and gives its decision, usually within 150 days. The [http://worksafebc.com/claims/review_and_appeals/default.asp WorkSafeBC website] 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 [http://www.ombudsman.bc.ca/ Ombudsperson of BC] at 1.800.567.3247). | ||
'''Appeals'''—if | '''Appeals'''—if you disagree with the decision of the Review Division, you can usually appeal to the [http://www.wcat.bc.ca/ Workers’ Compensation Appeal Tribunal]. 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. | ||
'''Time limit to appeal'''—if you decide to appeal, you must do so within '''30 days''' of the decision of the Review Division. For cases that go directly to the Tribunal, the time limit is 90 days. | |||
==More information== | ==More information== | ||
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[updated | [updated January 2018] | ||
'''The above was last edited by John Blois.''' | '''The above was last edited by John Blois.''' | ||
