Introduction to Compensation Claims for Injured Workers (7:III) - Revision history

LSLAP at 19:05, 13 October 2025

2025-10-13T19:05:27Z

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LSLAP at 07:08, 28 September 2025

2025-09-28T07:08:51Z

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	Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses.		Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses.

	Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''~~Act~~'' [Former Act, Part 1]. Specifically, the board may determine:		Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''WCA'' [Former Act, Part 1]. Specifically, the board may determine:

	* whether a worker's injury has arisen out of or in the course of an employment;		* whether a worker's injury has arisen out of or in the course of an employment;
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	* whether a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.		* whether a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.

	Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''~~Act~~'' [Former Act, Part 3].		Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''WCA'' [Former Act, Part 3].

	Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim. Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below.		Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim. Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below.

LSLAP at 23:40, 2 September 2024

2024-09-02T23:40:53Z

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Clicklaw Editor at 19:08, 12 September 2023

2023-09-12T19:08:36Z

LSLAP at 22:49, 11 August 2023

2023-08-11T22:49:06Z

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-{{REVIEWED LSLAP | date= July 21, 2022}}
+{{REVIEWED LSLAP | date= August 1, 2023}}
 {{LSLAP Manual TOC|expanded = workers}}
-Sections 122-125 and 19-20 of the WCA [Former Act, ss. 96 and 113] of the WCA give the Board exclusive jurisdiction over workers’ compensation and OH&S matters.  The courts have historically respected these strong privative clauses.
+Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses.
-* whether an injury has arisen out of or in the course of an employment;
+Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''Act'' [Former Act, Part 1]. Specifically, the board may determine:
-Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the Act [Former Act, Part 3].
+* whether a worker's injury has arisen out of or in the course of an employment;
-Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim.  Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below.
+* the existence and degree of a worker's disability by reason of an injury;
-The nature of the worker’s injury will generally determine the relevant law and policy.  The main types of injuries are:
+* the permanence of a worker's disability by reason of an injury;
 * Hearing Loss – section 145 of the WCA [Former Act, s. 7]
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Clicklaw Editor at 20:47, 13 December 2022

2022-12-13T20:47:10Z

LSLAP at 01:02, 3 September 2022

2022-09-03T01:02:24Z

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LSLAP: LSLAP moved page Introduction to Compensation Claims for Injured Workers (7:IV) to Introduction to Compensation Claims for Injured Workers (7:III)

2021-07-28T03:18:35Z

LSLAP moved page Introduction to Compensation Claims for Injured Workers (7:IV) to Introduction to Compensation Claims for Injured Workers (7:III)

← Older revision	Revision as of 03:18, 28 July 2021
(No difference)

LSLAP: Replaced content with "{{REVIEWED LSLAP | date= June 30, 2021}} {{LSLAP Manual TOC|expanded = workers}} Sections 122-125 and 19-20 of the WCA [Former Act, ss. 96 and 113] of the WCA give the Bo..."

2021-07-28T03:15:44Z

Replaced content with "{{REVIEWED LSLAP | date= June 30, 2021}} {{LSLAP Manual TOC|expanded = workers}} Sections 122-125 and 19-20 of the WCA [Former Act, ss. 96 and 113] of the WCA give the Bo..."

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LSLAP at 06:03, 28 December 2020

2020-12-28T06:03:59Z

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	There are also special requirements for trucking & transport businesses. On top of WorkSafeBC coverage, employers must check the registration requirements with the Workers’ Compensation Authority in the jurisdiction the worker will be working or travelling through.		There are also special requirements for trucking & transport businesses. On top of WorkSafeBC coverage, employers must check the registration requirements with the Workers’ Compensation Authority in the jurisdiction the worker will be working or travelling through.

	~~==== c) Is the Disability Caused by Work? ====~~

	Under section 5 of the WCA, personal injury or death must '''arise out of''', and '''in the course of''', employment in order to be compensable. It is important to check policies and WCAT decisions for qualifying factors, as they change.

	'''“Arising out of employment”''' relates to causation and means that the work must have causative significance to the injury. According to the well-established jurisprudence, this means that the work does not have to be the sole cause or even the dominant cause of the injury; it must be only causative significance greater than being trivial or '''de minimus''':[https://www.wcat.bc.ca/appeals/after/JRSummaries/Chima+2009+BCSC+1574.pdf ''Chima v. Worker's Compensation Tribunal'', 2009 BSC 1574], [https://www.wcat.bc.ca/appeals/after/JRSummaries/SCHULMEISTER+2007+BCSC+1580.pdf ''Schulmeister v. British Columbia (Worker's Compensation Appeal Tribunal)'', 2007 BCSC 1580], and [https://www.wcat.bc.ca/appeals/after/JRSummaries/ALBERT+2006+BCSC+838.pdf ''Albert v. British Columbia (Worker's Compensation Appeal Tribunal)'', 2006 BCSC 838]. Not all injuries at work are caused by work, as some are naturally occuring conditions which would have happened in any event. For example, a worker with heart disease, who is working in a sedentary job, may have a heart attack in the office. There is likely nothing in the work activity which would have causative significance for this injury.

	'''“In the course of employment”''' relates to the employment relationship at the time of injury. It generally refers to whether the injury or death happened at the time and place and during an activity reasonably related to the duties and expectations of employment. Time and place are not strictly limited to the normal hours of work or on the employer's premises.

	:'''NOTE:''' There is a statutory presumption that if an injury is caused by '''an accident''' at work, the injury is presumed to have occurred in the course of employment [section 5(4) of the WCA]. An accident can include someone else’s intentional act.

	~~The determination of whether an injury arose out of and in the course of employment is set out in policy C3-14.00 and can be made with reference to factors such as:~~
	*whether the injury occurred on the premises of the employer;
	*whether it occurred in the process of doing something for the benefit of the employer;
	*whether it occurred in the course of action taken in response to instructions from the employer;
	*whether it occurred in the course of using equipment or materials supplied by the employer;
	*whether the risk to which the worker was exposed was the same as the risk to which he or she is exposed in the normal course of production;
	*whether the injury occurred during a time period for which the worker was being paid;
	*whether the injury was caused by some activity of the employer or of a fellow worker;
	*whether the injury occurred while the worker was performing activities that were part of their regular job duties; and
	*whether the injury occurred while the worker was being supervised by the employer.

	~~This list is not exhaustive, and alone, none of the above factors are conclusive.~~

	Chapter 3, RSCM sets out further and detailed criteria for acceptance of a claim under section 5 of the WCA. Current policy states that the injury need not occur while the worker is engaged in specific productive acts, so long as it occurs within the broad circumstances of carrying out the employment duties. An injury which is incurred while commuting is generally not a compensable injury; however, travelling may be considered an activity in the course of employment if travel is part of the worker’s duties or if the accident occurs on the employer’s property or on a “captive road” provided and controlled by the employer, such as logging roads used by forestry workers.

	~~If serious and willful misconduct on the part of the worker is the sole cause of the injury, no compensation is paid unless death or severe disability results.~~

	~~==== d) Secondary Conditions ====~~

	Where the worker suffers consequences from the injury, in addition to the injury, these may be “compensable consequences”. Some common compensable consequences of injury include chronic pain and the development of psychological conditions after the initial injury (unless they arise due to the WCB process).

	The test for whether a secondary condition is compensable is also '''“causative significance”''', meaning that the initial injury does not have to be the sole cause or dominant cause of the secondary injury, it must only be causative significance greater than being trivial.

	As discussed above, if the worker suffered from a pre-existing condition and the injury aggravates, accelerates or activates this condition, the resulting aggravation may also be compensable. (NOTE: this policy is complex and should be consulted for specific details).

	The ''Kovach'' decision (supra) upheld the Board’s policy that a worker who is undergoing treatment for a work injury remains in the course of employment, even if the treatment takes place long after the job itself has ended (even years after). This decision means that workers undergoing treatment for an injury or disease generally cannot sue negligent medical providers for medical malpractice.


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	Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses.		Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses.


	Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''Act'' [Former Act, Part 1]. Specifically, the board may determine:		Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''Act'' [Former Act, Part 1]. Specifically, the board may determine:

	* whether a worker's injury has arisen out of or in the course of an employment;		* whether a worker's injury has arisen out of or in the course of an employment;

	* the existence and degree of a worker's disability by reason of an injury;		* the existence and degree of a worker's disability by reason of an injury;

	* the permanence of a worker's disability by reason of an injury;		* the permanence of a worker's disability by reason of an injury;

	* the degree of impairment of a worker's earning capacity by reason of an injury;		* the degree of impairment of a worker's earning capacity by reason of an injury;

	* the existence, for the purposes of the compensation provisions, of the relationship of a family member of a worker;		* the existence, for the purposes of the compensation provisions, of the relationship of a family member of a worker;

	* the existence of dependency in relation to a worker;		* the existence of dependency in relation to a worker;

	* the amount of the average earnings of a worker for purposes of payment of compensation;		* the amount of the average earnings of a worker for purposes of payment of compensation;

	* whether a person is a worker, subcontractor, contractor or employer within the meaning of the compensation provisions;		* whether a person is a worker, subcontractor, contractor or employer within the meaning of the compensation provisions;

	* the amount of the average earnings of a worker, whether paid in cash or board or lodging or other form of remuneration, for the purpose of levying assessments;		* the amount of the average earnings of a worker, whether paid in cash or board or lodging or other form of remuneration, for the purpose of levying assessments;

	* whether an industry or a part, branch or department of an industry is within the scope of the compensation provisions, and the class to which an industry or a part, branch or department of an industry within that scope should be assigned;		* whether an industry or a part, branch or department of an industry is within the scope of the compensation provisions, and the class to which an industry or a part, branch or department of an industry within that scope should be assigned;

	* whether a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.		* whether a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.


	Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''Act'' [Former Act, Part 3].		Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''Act'' [Former Act, Part 3].


	Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim. Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below.		Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim. Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below.


	The nature of the worker’s injury will generally determine the relevant law and policy. The main types of injuries are:		The nature of the worker’s injury will generally determine the relevant law and policy. The main types of injuries are:

	* Personal Injury (physical or physical and psychological) – sections 134 and 146 of the WCA [Former Act, s. 5];		* Personal Injury (physical or physical and psychological) – sections 134 and 146 of the WCA [Former Act, s. 5];

	* Psychological Injury (mental disorder) – section 135 of the WCA [Former Act, s. 5.1];		* Psychological Injury (mental disorder) – section 135 of the WCA [Former Act, s. 5.1];

	* Occupational Disease – sections 136(1) and 137 of the WCA [Former Act, ss. 6(1) and 6(3)]; and		* Occupational Disease – sections 136(1) and 137 of the WCA [Former Act, ss. 6(1) and 6(3)]; and

	* Hearing Loss – section 145 of the WCA [Former Act, s. 7]		* Hearing Loss – section 145 of the WCA [Former Act, s. 7]


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	* whether an injury has arisen out of or in the course of an employment;		* whether an injury has arisen out of or in the course of an employment;

	* the existence and degree of disability by reason of an injury;		* the existence and degree of disability by reason of an injury;

	* the permanence of disability by reason of an injury;		* the permanence of disability by reason of an injury;

	* the degree of reduction of earning capacity by reason of an injury;		* the degree of reduction of earning capacity by reason of an injury;

	* the average earnings of a worker, for the purpose of levying assessments, and the average earnings of a worker for purposes of payment of compensation;		* the average earnings of a worker, for the purpose of levying assessments, and the average earnings of a worker for purposes of payment of compensation;

	* the existence of the relationship of a member of the family of a worker as defined by the Act;		* the existence of the relationship of a member of the family of a worker as defined by the Act;

	* the existence of dependency;		* the existence of dependency;

	* whether an industry is within the scope of the Act, and the class to which an industry should be assigned for the purposes of the Act;		* whether an industry is within the scope of the Act, and the class to which an industry should be assigned for the purposes of the Act;

	* whether a worker is in an industry within the scope of the Act and entitled to compensation under it; and		* whether a worker is in an industry within the scope of the Act and entitled to compensation under it; and

	* whether a person is a worker, a subcontractor, a contractor or an employer within the meaning of the Act.		* whether a person is a worker, a subcontractor, a contractor or an employer within the meaning of the Act.

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	* Personal Injury (physical or physical/psychological) – sections 134 and 146 of the WCA [Former Act, s. 5];		* Personal Injury (physical or physical/psychological) – sections 134 and 146 of the WCA [Former Act, s. 5];

	* Psychological injury (only mental stress) – section 135 of the WCA [Former Act, s. 5.1];		* Psychological injury (only mental stress) – section 135 of the WCA [Former Act, s. 5.1];

	* Occupational Disease – sections 136(1) and 137 of the WCA [Former Act, ss. 6(1) and 6(3)]		* Occupational Disease – sections 136(1) and 137 of the WCA [Former Act, ss. 6(1) and 6(3)]

	* Hearing Loss – section 145 of the WCA [Former Act, s. 7]		* Hearing Loss – section 145 of the WCA [Former Act, s. 7]




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