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Difference between revisions of "Introduction to Compensation Claims for Injured Workers (7:III)"
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Introduction to Compensation Claims for Injured Workers (7:III) (view source)
Revision as of 01:50, 5 August 2017
, 01:50, 5 August 2017→B. Overview: Initial Acceptance or Denial of A Compensation Claim/Disclosure & Appeals
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If the worker (or the employer) disagrees with the Board’s decision, he or she may appeal the decision to the Review Division (RD) '''within 90 days of the Board decision'''. The RD is a review body internal to the Board; links to RD material, including RD appeal forms, are available on the [http://www.worksafebc.com/en/review-appeal Board website]. The RD must issue a decision within 180 days of the appeal being filed. The RD decision may then be appealed to an independent tribunal, the Workers’ Compensation Appeal Tribunal (WCAT) within '''30 days of the RD decision'''. WCAT appeal forms are available on the [http://www.wcat.bc.ca WCAT website]. See [[Appeals in Worker%27s Compensation Claims (7:VI) | Section VII: Appeals]] for more details. | If the worker (or the employer) disagrees with the Board’s decision, he or she may appeal the decision to the Review Division (RD) '''within 90 days of the Board decision'''. The RD is a review body internal to the Board; links to RD material, including RD appeal forms, are available on the [http://www.worksafebc.com/en/review-appeal Board website]. The RD must issue a decision within 180 days of the appeal being filed. The RD decision may then be appealed to an independent tribunal, the Workers’ Compensation Appeal Tribunal (WCAT) within '''30 days of the RD decision'''. WCAT appeal forms are available on the [http://www.wcat.bc.ca WCAT website]. See [[Appeals in Worker%27s Compensation Claims (7:VI) | Section VII: Appeals]] for more details. | ||
Section 55 of the WCA requires that generally, a worker must apply for compensation '''within one year''' of the date of injury. The one year deadline to claim under Section 55 | Section 55 of the WCA requires that generally, a worker must apply for compensation '''within one year''' of the date of injury. The one year deadline to claim under Section 55 provides three exceptions when late applications may be accepted: | ||
# | # If exceptional circumstances exist which precluded the worker from making an application within one year and the application is less than three years after the injury and the application is more than three years old (s.55(3.2)); or | ||
# Death or disablement is due to an occupational disease and there is new scientific evidence regarding the occupational disease causation | # Death or disablement is due to an occupational disease, sufficient scientific evidence did not exist at the time of the application and there is new scientific evidence regarding the occupational disease causation; in addition, the worker has made an application not more than three years after this new date (s.55 (3.2)); or | ||
# The Board may reconsider an occupational disease decision that meets the Section 55 (3. | # The Board may reconsider an old occupational disease decision that meets the Section 55 (3.2) criteria. If a worker's application has been denied because of a late application, please consult section 55 of the WCA and Policy #93 of the RSCM II to assess what evidence of "exceptional circumstances" may be relevant in that case. | ||
== C. Overview: Worker Disability and Compensation Benefits == | == C. Overview: Worker Disability and Compensation Benefits == | ||
