Workers' Compensation: Difference between revisions

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{{REVIEWEDPLS | reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law and [https://www.mooreedgarlyster.com/lawyers/sara-hanson Sara Hanson], Moore Edgar Lyster LLP|date= November 2024}} {{Dial-A-Law TOC|expanded = work}}
Getting hurt or ill on the job not only impacts your health, but can leave you without a source of income. That’s where British Columbia’s workers’ compensation program comes in.


{{Dial-A-Law TOC|expanded = employment}}
{| class="wikitable"
==What is Workers’ Compensation?==
|align="left"|'''Start here, then go further'''
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:
This information features common questions about workers’ compensation in British Columbia. [https://www.peopleslawschool.ca/workers-compensation-claim/ The People's Law School website goes more in-depth, including on the steps to make a workers’ compensation claim].
*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.
*promote health and safety in the workplace, and prevent and respond to workplace bullying and harassment (including sexual harassment).


==Who can get Workers’ Compensation?==
==Common questions==
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.
===What type of injuries and illnesses are covered by workers’ compensation?===
The program covers a wide range of occupational injuries and illnesses, including:
* '''physical injuries''', such as a broken bone, burn, or concussion
* '''diseases''', such as cancer or a respiratory disease like asbestosis
* '''psychological injuries''' (the law uses the term '''mental disorders'''), such as diagnosed anxiety caused by harassment or some other traumatizing incident at work


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.
For your claim to be successful, the injury or illness must have arisen out of and in the course of your employment.


==Types of benefits==
For more, see our [https://www.peopleslawschool.ca/workers-compensation-claim/ in-depth coverage].
===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 wages at 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 worse over the next 12 months.  


===2. Long-term or permanent disability and retirement benefits, and death benefits===
===What do I do if I get injured at work?===
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.
First, report the injury to your employer right away. They’re responsible for getting you any necessary first aid and taking you to a medical facility (if needed).  


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.
Second, see your physician. Your doctor will recommend treatment, and may refer you to another health care practitioner. Ask them if there are modified work duties you can continue during your recovery. Make sure to let your health care providers know you were injured at work.  


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 (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.
Third, start a claim for '''workers’ compensation'''. This is a BC government program that compensates workers who suffer a workplace injury or illness. We have in-depth coverage of [https://www.peopleslawschool.ca/workers-compensation-claim/ making a claim for workers’ compensation].


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 my workers’ compensation claim is accepted, what do I receive?===


===3. Health care benefits===
WorkSafeBC — the agency that runs BC’s workers’ compensation program — offers a variety of benefits and services to those who are eligible. Depending on the nature of injury or illness, you could receive:
Health care benefits pay for doctors, hospitals, nursing care, home care, prescription drugs, and other health care professionals like physiotherapists, dentists, and chiropractors. They also cover other expenses, including medical supplies, appliances like crutches, hearing aids, dentures, and eyeglasses, and modifications to home, vehicles, and workplace.
* health care benefits and services, to cover the cost of health care services and supplies considered reasonably necessary to treat your injury or illness
* wage-loss benefits, to compensate you if you lose pay as a result of your injury or illness
* vocational rehabilitation services, a collaborative process to help you safely transition back to the job you were doing
* permanent disability benefits, to compensate you if your disability is likely to impair your future earning capacity


===4. Vocational rehabilitation benefits===
If you had a condition that predated the workplace injury, workers’ compensation only covers you for the problems caused specifically by the workplace injury.  
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 apply for benefits==
We explain each type of benefit in our guidance on [https://www.peopleslawschool.ca/workers-compensation-claim/ making a claim for workers’ compensation].  
'''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 [http://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.
===I’m self-employed. Am I eligible for workers’ compensation?===
In BC, there’s no requirement for self-employed workers to register for coverage under the workers’ compensation program. But if you’re self-employed, you may be able to purchase '''optional coverage'''. This would cover your lost salary and medical expenses if you’re injured on the job.  


'''Time limit to apply for benefits'''—you have only one year from your accident or disease to apply for compensation. After that, you may lose your right to benefits unless special circumstances stopped you from applying on time.
The WorkSafeBC website explains [https://www.worksafebc.com/en/insurance/need-coverage/optional-coverage/personal-optional-protection how to apply for optional coverage].  


'''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.  
===I got fired after returning to work from an injury. Is that allowed?===
There are two ways in which this may not be allowed. First, if your employer has more than 20 workers and you were in the job for at least 12 months before your injury, your employer has a duty to maintain your employment. If the employer fires you within six months after you return to work, the law assumes the employer failed to meet this duty. The employer can counter this by showing the dismissal wasn’t related to your injury. If you have concerns, you can ask WorkSafeBC to investigate.  


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 Jobs, Tourism and Skills Training 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.  
The second way this may not be allowed is if it amounts to '''discrimination'''. Under BC’s human rights law, your employer can’t mistreat you based on a personal characteristic that the law protects. If you think your employer fired you due to your disability, that could be discrimination.  


==Reviews and Appeals – if you disagree with the WorkSafeBC decision==
[https://www.peopleslawschool.ca/workers-compensation-claim/ For more on these points, see our in-depth guidance].  
'''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.  


'''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.
==Who can help==
===With a claim===


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).
:'''WorkSafeBC'''
 
:Deals with complaints about unsafe working conditions and injuries on the job.
'''Appeals'''—if you’re not satisfied with the decision of the Review Division, in most cases you have the right to appeal to the [http://www.wcat.bc.ca/ Workers’ Compensation Appeal Tribunal].
:Call 1-888-967-5377
 
:[https://www.worksafebc.com/ Visit website]
'''Time limit to appeal'''—you must appeal within '''30 days''' of the date of the decision of the Review Division.
 
==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 November 2015]
 
 
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:'''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
:[https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/personal-injury-and-workplace-safety Visit website]


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Latest revision as of 05:48, 6 November 2024

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 November 2024.
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Getting hurt or ill on the job not only impacts your health, but can leave you without a source of income. That’s where British Columbia’s workers’ compensation program comes in.

Start here, then go further

This information features common questions about workers’ compensation in British Columbia. The People's Law School website goes more in-depth, including on the steps to make a workers’ compensation claim.

Common questions

What type of injuries and illnesses are covered by workers’ compensation?

The program covers a wide range of occupational injuries and illnesses, including:

  • physical injuries, such as a broken bone, burn, or concussion
  • diseases, such as cancer or a respiratory disease like asbestosis
  • psychological injuries (the law uses the term mental disorders), such as diagnosed anxiety caused by harassment or some other traumatizing incident at work

For your claim to be successful, the injury or illness must have arisen out of and in the course of your employment.

For more, see our in-depth coverage.

What do I do if I get injured at work?

First, report the injury to your employer right away. They’re responsible for getting you any necessary first aid and taking you to a medical facility (if needed).

Second, see your physician. Your doctor will recommend treatment, and may refer you to another health care practitioner. Ask them if there are modified work duties you can continue during your recovery. Make sure to let your health care providers know you were injured at work.

Third, start a claim for workers’ compensation. This is a BC government program that compensates workers who suffer a workplace injury or illness. We have in-depth coverage of making a claim for workers’ compensation.

If my workers’ compensation claim is accepted, what do I receive?

WorkSafeBC — the agency that runs BC’s workers’ compensation program — offers a variety of benefits and services to those who are eligible. Depending on the nature of injury or illness, you could receive:

  • health care benefits and services, to cover the cost of health care services and supplies considered reasonably necessary to treat your injury or illness
  • wage-loss benefits, to compensate you if you lose pay as a result of your injury or illness
  • vocational rehabilitation services, a collaborative process to help you safely transition back to the job you were doing
  • permanent disability benefits, to compensate you if your disability is likely to impair your future earning capacity

If you had a condition that predated the workplace injury, workers’ compensation only covers you for the problems caused specifically by the workplace injury.

We explain each type of benefit in our guidance on making a claim for workers’ compensation.

I’m self-employed. Am I eligible for workers’ compensation?

In BC, there’s no requirement for self-employed workers to register for coverage under the workers’ compensation program. But if you’re self-employed, you may be able to purchase optional coverage. This would cover your lost salary and medical expenses if you’re injured on the job.

The WorkSafeBC website explains how to apply for optional coverage.

I got fired after returning to work from an injury. Is that allowed?

There are two ways in which this may not be allowed. First, if your employer has more than 20 workers and you were in the job for at least 12 months before your injury, your employer has a duty to maintain your employment. If the employer fires you within six months after you return to work, the law assumes the employer failed to meet this duty. The employer can counter this by showing the dismissal wasn’t related to your injury. If you have concerns, you can ask WorkSafeBC to investigate.

The second way this may not be allowed is if it amounts to discrimination. Under BC’s human rights law, your employer can’t mistreat you based on a personal characteristic that the law protects. If you think your employer fired you due to your disability, that could be discrimination.

For more on these points, see our in-depth guidance.

Who can help

With a claim

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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