Anonymous

Difference between revisions of "Making a Worker's Compensation Claim (7:VI)"

From Clicklaw Wikibooks
no edit summary
Line 1: Line 1:
{{REVIEWED LSLAP | date= August 1, 2023}}
{{REVIEWED LSLAP | date= August 1, 2023}}
{{LSLAP Manual TOC|expanded = workers}}
{{LSLAP Manual TOC|expanded = workers}}
This manual proceeds chronologically through the process of making a claim for compensation with the Board, the adjudication of benefits under a claim, how claims conclude, and the available review and appeal processes. A chart showing this progression is included in the Appendices. The key phases in a claim are:


This manual proceeds chronologically through the process of making a claim for compensation with the Board, the adjudication of benefits under a claim, how claims conclude, and the available review and appeal processes. A chart showing this progression is included in the Appendices. The key phases in a claim are:


* Making a Claim – the Board determines whether or not they will accept the claim;
* Making a Claim – the Board determines whether or not they will accept the claim;
Line 18: Line 18:


== A. Overview: Reporting the Injury and Making a Claim ==
== A. Overview: Reporting the Injury and Making a Claim ==


=== 1. Reporting the Injury (WCA, ss. 149–150 [Former Act, ss. 53–54]) ===
=== 1. Reporting the Injury (WCA, ss. 149–150 [Former Act, ss. 53–54]) ===


Key policies applicable to these sections of the WCA are RSCM II, #93.10–93.12; 94.10–94.20.
Key policies applicable to these sections of the WCA are RSCM II, #93.10–93.12; 94.10–94.20.
Line 28: Line 30:


The employer must complete a report to the Board within three days of receiving the worker’s report, or immediately if death results. The failure to do so is an offence under the WCA.
The employer must complete a report to the Board within three days of receiving the worker’s report, or immediately if death results. The failure to do so is an offence under the WCA.


=== 2. Making a Claim (WCA, ss. 151–152 [Former Act, ss. 55 (1)–(3.3)] ===
=== 2. Making a Claim (WCA, ss. 151–152 [Former Act, ss. 55 (1)–(3.3)] ===


Key policies applicable to these sections of the WCA are RSCM II, #93.20–93.25.
Key policies applicable to these sections of the WCA are RSCM II, #93.20–93.25.
Line 41: Line 45:


Note that if the worker is completing a paper application, a typed signature is not acceptable (see RSCM II, # 93.25).
Note that if the worker is completing a paper application, a typed signature is not acceptable (see RSCM II, # 93.25).


=== 3.  Obligations Arising Once Claim is Made (WCA, s. 153, 163–164 [Former Act, s. 57.1, 56]) ===
=== 3.  Obligations Arising Once Claim is Made (WCA, s. 153, 163–164 [Former Act, s. 57.1, 56]) ===


Once a worker makes a claim, they are under an ongoing obligation to provide information to the Board that is necessary for the adjudication of their claim. The Board may reduce or suspend benefits if the worker does not provide requested information. See RSCM II, #93.26.
Once a worker makes a claim, they are under an ongoing obligation to provide information to the Board that is necessary for the adjudication of their claim. The Board may reduce or suspend benefits if the worker does not provide requested information. See RSCM II, #93.26.
Line 51: Line 57:


== B. EXCEPTION: Election to Proceed by Lawsuit (WCA ss. 127–133 [Former Act, s. 10]) ==
== B. EXCEPTION: Election to Proceed by Lawsuit (WCA ss. 127–133 [Former Act, s. 10]) ==


Key policies applicable to these sections of the WCA are RSCM II, Chapter 16, #110.00–112.40.  
Key policies applicable to these sections of the WCA are RSCM II, Chapter 16, #110.00–112.40.  
5,109

edits