Worker Status for Workers' Compensation (7:VIII)

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This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 30, 2021.



While most people who work in BC will be covered by the WCA, not everyone is covered. No claim will be successful if it is found that an individual does not have worker status.

A. General

The WCA was amended on January 1, 1994 to expand the range of workers covered. All workers are now covered unless specifically exempted. Chapter 2 of the RSCM II sets out the general principles of inclusion and the exceptions. The Assessment Manual at Policy Items AP1-1-1 through AP1-1-7 sets out the principles governing coverage for employers and workers under the WCA. Even certain volunteers are covered, as are students engaged in work-study programs that are approved by the Board. Before this amendment, most office workers and other white-collar workers were not covered. Since the amendment, only a few exceptions have been recognized, such as professional athletes who have accepted a high level of risk, casual babysitters, and non-residents. Requests for exemptions may come from workers and employers or may be initiated by the Board. Decisions regarding exemption status may be appealed.

The Assessment Manual sets out certain exclusions at Policy Item AP1-4-1. Issues surrounding variances, specific industries, and personal optional protection (generally used by self-employed individuals) are discussed at Policy Items AP1-4-2 to AP1-8-1.

It is important to note that if a worker chooses to pursue compensation through WCB, it means that they forego their right to sue for damages in tort. Where the tortfeasor is not a worker or employee, WCB may pursue claims against non-workers.

Some special cases are set out below, but at all times, the most recent version of policies in Chapter 2 of the RSCM II should be consulted if “worker status” is an issue.

B. Workers in Federally Regulated Industries

While working in BC, workers in federally regulated industries are directly subject to the workers’ compensation system.

C. Federal Government Employees

Federal government employees are governed by the Government Employees Compensation Act, RSC 1985, c G-5 which provides that injured federal government workers in a given province are to have their claims addressed by the provincial administrative body in that province. They are then entitled to be compensated at a rate determined under the provincial workers’ compensation scheme of the province in which they are employed but paid out of a federal fund. See RSCM II, #8.10.


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