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Difference between revisions of "Workers' Compensation Claim Benefits (7:XI)"
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Workers' Compensation Claim Benefits (7:XI) (view source)
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= July 21, 2022}} | ||
{{LSLAP Manual TOC|expanded = workers}} | {{LSLAP Manual TOC|expanded = workers}} | ||
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Of the 100,000 workers injured on the job in B.C. every year, about half suffer minor or inconvenient injuries and return to their pre-injury employment in quick order. Most of these claims are accepted by the Board for health care benefits only (medical treatment, medication, etc.). | Of the 100,000 workers injured on the job in B.C. every year, about half suffer minor or inconvenient injuries and return to their pre-injury employment in quick order. Most of these claims are accepted by the Board for health care benefits only (medical treatment, medication, etc.). | ||
Of those workers whose injuries are more serious, there are several common profiles of disability and recovery. After a worker makes an application for a temporary disability, the Board determines whether the worker is totally temporarily disabled and if so, pays full wage loss benefits under Section 191 | Of those workers whose injuries are more serious, there are several common profiles of disability and recovery. After a worker makes an application for a temporary disability, the Board determines whether the worker is totally temporarily disabled and if so, pays full wage loss benefits under Section 191 of the WCA [Former Act, s. 29]. If the worker is only partially temporarily disabled i.e. can work some hours or some duties, the Board will pay partial wage loss under Section 192 of the WCA [Former Act, s. 30] | ||
The following examples are to illustrate common compensation benefits and scenarios for disability: | The following examples are to illustrate common compensation benefits and scenarios for disability: | ||
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Policy item #41.00 of the RSCM II states that payments for permanent disability pensions end at age 65 unless the WCB is satisfied that the worker would have retired at a later date. WCA section 201(3) states that a determination as to whether a worker would have worked passed the age of 65 can be made by the Board after the individual reaches the age of 63. Note that this change was introduced in 2021 and, before that time, retirement age was assessed as of the date of the injury, regardless of the age of the worker. | Policy item #41.00 of the RSCM II states that payments for permanent disability pensions end at age 65 unless the WCB is satisfied that the worker would have retired at a later date. WCA section 201(3) states that a determination as to whether a worker would have worked passed the age of 65 can be made by the Board after the individual reaches the age of 63. Note that this change was introduced in 2021 and, before that time, retirement age was assessed as of the date of the injury, regardless of the age of the worker. | ||
At age 63, the worker is asked to provide independent verifiable evidence that they had plans to work beyond age 65. | At age 63, the worker is asked to provide independent verifiable evidence that they had plans to work beyond age 65. Elements that make up a plan would include a concrete pathway towards continued employment as well as a financial need to remain in the workforce. This evidence can include the following: | ||
* Names of the employer or employers the worker intends to work for after age 65, along with confirmation from the employer; | |||
* A description of the type of employment the worker is going to perform, along with evidence showing the worker actually has the capacity to perform the work; | |||
* Evidence from other professionals that it normal to continue work beyond 65 in that profession. This would include retirement age set by unions; and | |||
* Financial obligations of the worker or family, such as a mortgage or other debts. | |||
== I. Benefits in Fatality Cases == | == I. Benefits in Fatality Cases == | ||
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The Board may also divert compensation from a worker for the benefit of their dependents if the worker is not supporting them. | The Board may also divert compensation from a worker for the benefit of their dependents if the worker is not supporting them. | ||
Under s. 153 | Under s. 153 of the WCA [Former Act, s. 57.1], the Board may withhold or reduce benefits for any period the worker does not provide the requested information (unless the Board finds that it was unclear in communicating the requirement, or erroneously concluded that the worker was being uncooperative). However, such benefits will be paid when the worker provides the necessary information. | ||
== K. Emergency Assistance == | == K. Emergency Assistance == | ||
