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Difference between revisions of "I've Been Cut off Workers' Compensation Benefits"

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I've Been Cut off Workers' Compensation Benefits (view source)

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Workers' compensation is a no fault insurance scheme. If you have been injured at work, you will not be allowed to sue your employer or any other worker who may have caused the injury. Your only recourse is to make a workers' compensation claim. That makes it very important that you report your injury to your employer and the WCB as soon as possible after it occurs, and that you and your doctor give the WCB the information it needs about your condition and prospects for recovery.   
Workers' compensation is a no fault insurance scheme. If you have been injured at work, you will not be allowed to sue your employer or any other worker who may have caused the injury. Your only recourse is to make a workers' compensation claim. That makes it very important that you report your injury to your employer and the WCB as soon as possible after it occurs, and that you and your doctor give the WCB the information it needs about your condition and prospects for recovery.   


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In making a WCB claim, it is important not to overlook matters that may not seem serious at the time. For example, if you tell the WCB that you fell and hurt your back, and later realize that you also twisted your knee, it may be harder to persuade them to accept the knee condition. If that happens, you should appeal.
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| tips = In making your WCB claim, it is important not to overlook matters that may not seem serious at the time. For example, if you tell the WCB that you fell and hurt your back, and later realize that you also twisted your knee, it may be harder to persuade them to accept the knee condition. If that happens, you should appeal.
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Initially, the WCB pays benefits equal to 90% of the net (take home) wages you were earning at the time of injury. After ten weeks the benefits will be based on your long term average earnings. If your benefits drop significantly at this point, you should consider an appeal.   
Initially, the WCB pays benefits equal to 90% of the net (take home) wages you were earning at the time of injury. After ten weeks the benefits will be based on your long term average earnings. If your benefits drop significantly at this point, you should consider an appeal.   
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When the WCB decides that you have recovered, your benefits will cease. If you and/or your doctor do not agree that you are ready to go back to work, you should appeal. The WCB will also terminate your benefits if they feel that your condition has stabilized and become permanent. If you or your doctor disagree, you should appeal.   
When the WCB decides that you have recovered, your benefits will cease. If you and/or your doctor do not agree that you are ready to go back to work, you should appeal. The WCB will also terminate your benefits if they feel that your condition has stabilized and become permanent. If you or your doctor disagree, you should appeal.   


Workers who have a permanent disability are entitled to a total or partial pension, payable until age 65. The amount of the pension will almost always be based on a comparison of your disability to a totally disabled worker. Under this approach, a worker with a back injury might be considered only 10% disabled, which means the pension benefits would be only 10% as much as the WCB was paying before the condition became permanent. If you feel that your disability is more serious than the WCB acknowledges, you should appeal. 
Workers who have a permanent disability are entitled to a total or partial pension, payable until age 65. Permanently disabled workers (and sometimes others) may also be entitled to vocational rehabilitation assistance. As well, WBC plays all medical and related costs of an injury or disease.  
 
If you have a permanent disability and have not been able to return to work, you may be entitled to a loss of earnings pension, which will be based on the actual difference between what you were earning before the injury, and what you are earning or could earn afterward.  If the WCB refuses to pay you on that basis, or decides that you could be earning more than you are, you should appeal. 
 
Permanently disabled workers (and sometimes others) may be entitled to vocational rehabilitation assistance, which supports them while they search for a new job or learn a new occupation because their injury prevents them from safely returning to their old one. If you feel that you need such assistance, and the Board refuses to provide it, you should appeal. 
 
The WCB also pays all medical and related costs of an injury or disease.  That includes your hospital and doctor's bills, medication, physiotherapy, nursing services, etc.  For workers with serious disabilities, the WCB may be responsible for the cost of artificial limbs, a wheelchair or scooter, modifications to a home or vehicle, assistance with daily living, and home maintenance.  If the WCB refuses to pay for any such expenses that are needed because of the injury, you should appeal.


If a decision of the WCB limits your benefits or cuts you off benefits, the first stage of the appeal process is to request a '''review of the decision''' by the WCB Review Division.


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| tips = If you are off work for a significant period of time, you will receive many letters from WorkSafeBC. Read these carefully, because each one could be a decision denying or limiting benefits. If in doubt, get legal advice, and if there is something in the letter that you don't agree with, challenge it. If you fail to request a review of a decision within the 90 day time limit, you may lose any chance of changing it, no matter how unfair it is.
| tips = If you are off work for a significant period of time, you will receive many letters from WorkSafeBC. Read these carefully, because each one could be a decision denying or limiting benefits. If in doubt, get legal advice, and if there is something in the letter that you don't agree with, challenge it. If you fail to request a review of a decision within the 90 day time limit, you may lose any chance of changing it, no matter how unfair it is.
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== First steps ==
== First steps ==
   
   
# The first stage of the appeal process is to request a review by the WCB's Review Division. You can get the "Request for Review" form:  
# To request a review of a decision by the WCB's Review Division, get the "Request for Review" form:  
#*by phone at 1-888-855-2477, or  
#*by phone at 1-888-855-2477, or  
#*online from the [http://www.worksafebc.com/forms/ WorkSafeBC website].  
#*online from the [http://www.worksafebc.com/forms/ WorkSafeBC website].  
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