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Difference between revisions of "Making a Worker's Compensation Claim (7:VI)"
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Making a Worker's Compensation Claim (7:VI) (view source)
Revision as of 20:30, 6 August 2021
, 20:30, 6 August 2021no edit summary
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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. | ||
All injuries occurring to a worker in the course of their employment (whether it results in time off work or not) should be reported ''as soon as possible'' by the worker or, if death results, by the worker’s dependants, to the superintendent, first aid attendant, or other official in charge of work where the injury occurred. Claims have been denied (at least until an appeal took place) because a worker waited even a few days, hoping the pain would go away. In all but the most minor cases, workers should also seek medical attention promptly. Details as to the type of injuries that must be reported can be found at RSCM II, #94.12. | All injuries occurring to a worker in the course of their employment (whether it results in time off work or not) should be reported '''as soon as possible''' by the worker or, if death results, by the worker’s dependants, to the superintendent, first aid attendant, or other official in charge of work where the injury occurred. Claims have been denied (at least until an appeal took place) because a worker waited even a few days, hoping the pain would go away. In all but the most minor cases, workers should also seek medical attention promptly. Details as to the type of injuries that must be reported can be found at RSCM II, #94.12. | ||
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)] === | ||
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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. | ||
A worker has ''one year'' to make a claim for compensation under ss. 151 and 152 of the WCA [Former Act, s. 55]. If an application is made more than one year, but less than three years, after the relevant injury, the Board may pay full compensation from the date of the injury if the Board is satisfied that special circumstances precluded timely filing. If an application is made more than three years after the relevant injury, the Board may still accept the claim in special circumstances, but can only pay compensation from the date of the filing of the claim forward. | A worker has '''one year''' to make a claim for compensation under ss. 151 and 152 of the WCA [Former Act, s. 55]. If an application is made more than one year, but less than three years, after the relevant injury, the Board may pay full compensation from the date of the injury if the Board is satisfied that special circumstances precluded timely filing. If an application is made more than three years after the relevant injury, the Board may still accept the claim in special circumstances, but can only pay compensation from the date of the filing of the claim forward. | ||
Workers can call the WCB directly to report an injury and file a claim. Teleclaim is available to workers across the province, Monday to Friday, from 8 a.m. to 4 p.m. See the Board website or the Appendix for current contact details. Teleclaim is designed to simplify the process, reduce the amount of paperwork, and provide a personalized service based on each individual’s needs. Before calling the Board to report an injury, the worker should write down the key information about the job, how the injury occurred, and what the doctor has said about the condition. The worker’s statement during a Teleclaim report will form part of the claim file and could be used as evidence in future appeal proceedings. The Teleclaim transcript may be sent to the worker. If it is not sent, the worker should request a transcript. | Workers can call the WCB directly to report an injury and file a claim. Teleclaim is available to workers across the province, Monday to Friday, from 8 a.m. to 4 p.m. See the Board website or the Appendix for current contact details. Teleclaim is designed to simplify the process, reduce the amount of paperwork, and provide a personalized service based on each individual’s needs. Before calling the Board to report an injury, the worker should write down the key information about the job, how the injury occurred, and what the doctor has said about the condition. The worker’s statement during a Teleclaim report will form part of the claim file and could be used as evidence in future appeal proceedings. The Teleclaim transcript may be sent to the worker. If it is not sent, the worker should request a transcript. | ||
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Note that, as of May 1, 2021, there is no right to sue in relation to any motor vehicle accident occurring in BC pursuant to the Insurance (Vehicle) Act, RSBC 1966, c. 231. As a result, no workers will have any right of election in respect of injuries related to a motor vehicle accident outside of a few narrow exceptions. These exceptions include accidents involving off road / farming vehicles, manufacturer’s liability issues (e.g. faulty mechanics / repair), accidents occurring outside of BC, and accidents where the potentially liable driver has committed an offense under the Criminal Code (see Insurance (Vehicle) Act, ss. 113 – 116). | Note that, as of May 1, 2021, there is no right to sue in relation to any motor vehicle accident occurring in BC pursuant to the Insurance (Vehicle) Act, RSBC 1966, c. 231. As a result, no workers will have any right of election in respect of injuries related to a motor vehicle accident outside of a few narrow exceptions. These exceptions include accidents involving off road / farming vehicles, manufacturer’s liability issues (e.g. faulty mechanics / repair), accidents occurring outside of BC, and accidents where the potentially liable driver has committed an offense under the Criminal Code (see Insurance (Vehicle) Act, ss. 113 – 116). | ||
Where there is a potentially liable party to whom the s. 127 bar does not apply, the worker has a right of election under WCA s. 128 [Former Act, s. 10(2) – (4)]. The worker will be given the opportunity to make this election after applying for Board benefits. If the Board has accepted a claim and determines that there is a right of election, the worker will be provided with an “Election to Claim Compensation in BC” form. The worker must elect to claim compensation ''within three months of the date of the injury'' unless the Board otherwise allows. | Where there is a potentially liable party to whom the s. 127 bar does not apply, the worker has a right of election under WCA s. 128 [Former Act, s. 10(2) – (4)]. The worker will be given the opportunity to make this election after applying for Board benefits. If the Board has accepted a claim and determines that there is a right of election, the worker will be provided with an “Election to Claim Compensation in BC” form. The worker must elect to claim compensation '''within three months of the date of the injury''' unless the Board otherwise allows. | ||
If the worker elects to pursue a lawsuit, they ''will not receive any benefits from the Board''. If they elect to receive Board benefits, they will not have the right to bring a lawsuit in respect of their injury. | If the worker elects to pursue a lawsuit, they '''will not receive any benefits from the Board'''. If they elect to receive Board benefits, they will not have the right to bring a lawsuit in respect of their injury. | ||
An election is an important and complex decision (see s 128; previously 10(3) of the WCA) and workers should be referred to the Workers’ Advisors Office website at www.labour.gov.bc.ca/wab or assisted before deciding whether to claim compensation. | An election is an important and complex decision (see s 128; previously 10(3) of the WCA) and workers should be referred to the Workers’ Advisors Office website at www.labour.gov.bc.ca/wab or assisted before deciding whether to claim compensation. | ||
