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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)
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An “election” is an important and complex decision (see s. 10 of the WCA) and workers should be referred to the Workers’ Advisors Office online at http://www.labour.gov.bc.ca/wab before deciding whether to claim compensation. If a worker chooses to pursue court action and is unsuccessful, or the award is less than he or she would have received under the compensation regime, the worker may still be able to receive compensation. However, the original claim for compensation must have been made within the time limits outlined below. | An “election” is an important and complex decision (see s. 10 of the WCA) and workers should be referred to the Workers’ Advisors Office online at http://www.labour.gov.bc.ca/wab before deciding whether to claim compensation. If a worker chooses to pursue court action and is unsuccessful, or the award is less than he or she would have received under the compensation regime, the worker may still be able to receive compensation. However, the original claim for compensation must have been made within the time limits outlined below. | ||
=== 7. Acceptance or Denial of Claim === | |||
As noted above, there are several key issues involved in determining whether an injured worker’s claim is accepted or denied. | |||
==== a) Is the Applicant a “Worker” under the Act? ==== | |||
===== (1) 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. 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 employees 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 baby sitters, 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. | |||
One of the unintended consequences of this universal coverage is to further limit the injured worker’s right to sue for damages, since it is most likely that the person responsible for the injuries will also be an employer or worker covered by the system. An extreme example of this was found in a malpractice case, ''Kovach v Singh (Kovach v WCB)'', [2000] SCJ No 3 [''Kovach'']. In this case, and in a similar Saskatchewan appeal, the Workers’ Compensation Boards held that doctors treating an injured worker could not be sued for malpractice under the tort system because the injured worker was in the “course of employment” while undergoing treatment. The SCC found that the decision of the Boards in those cases was not unreasonable. The Board has responded strongly to cases that stray from this position. They will not allow any recourse to the tort system and have reaffirmed this bar to lawsuits in the policy directives. | |||
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. | |||
