Introduction to Workers' Compensation (7:I): Difference between revisions
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Introduction to Workers' Compensation (7:I) (view source)
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= September 2, 2024}} | ||
{{LSLAP Manual TOC|expanded = workers}} | {{LSLAP Manual TOC|expanded = workers}} | ||
This chapter covers basic legislation, policy, and procedures associated with administrative proceedings under the ''Workers’ Compensation Act'', RSBC 2019, c 1 [“'''WCA'''”]. The WCA replaced the former '' | This chapter covers basic legislation, policy, and procedures associated with administrative proceedings under the ''Workers’ Compensation Act'', RSBC 2019, c 1 [“'''WCA'''”]. The WCA replaced the former ''Workers Compensation Act'', RSBC 1996, c 492 (the “Former Act”) on April 6, 2020. While there was no substantive change encompassed in this act revision, the section numbers of the WCA have changed significantly. | ||
The WCA is a provincial statute creating a regulatory body called the | The WCA is a provincial statute creating a regulatory body called the Workers Compensation Board (WCA, s. 318 [Former Act, s. 81]) and is referred to as “the Board” or “WCB” in this section. Since 2003, the Workers Compensation Board does business under the name of “WorkSafeBC.” However, legally, it is still the “Workers Compensation Board,” and when party to a legal action, that is how it will be named. The Board has exclusive jurisdiction over compensation to injured workers for workplace injuries, amongst other duties. | ||
Today’s workers’ compensation schemes, including BC’s, are based on the historic trade-off: employers fund a no-fault insurance scheme for injured workers and, in return, workers give up their right to legal action against their employer for work-related injuries and occupational diseases (WCA, s. 127 [Former Act, s. 10(1)]). This approach offers several benefits: it takes workplace injury claims out of the courts, minimizing the use of scarce judicial resources and limiting cost and delay for the workers; It gives greater certainty of compensation to workers, and streamlines the compensation process, and; Like any insurance scheme, it spreads losses amongst employers, eliminates the concern about ruinous claims, and provides coverage regardless of fault. | Today’s workers’ compensation schemes, including BC’s, are based on the historic trade-off: employers fund a no-fault insurance scheme for injured workers and, in return, workers give up their right to legal action against their employer for work-related injuries and occupational diseases (WCA, s. 127 [Former Act, s. 10(1)]). This approach offers several benefits: it takes workplace injury claims out of the courts, minimizing the use of scarce judicial resources and limiting cost and delay for the workers; It gives greater certainty of compensation to workers, and streamlines the compensation process, and; Like any insurance scheme, it spreads losses amongst employers, eliminates the concern about ruinous claims, and provides coverage regardless of fault. | ||
