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Difference between revisions of "Limitation Periods and Timing of Decisions for Workers' Compensation (7:V)"
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Limitation Periods and Timing of Decisions for Workers' Compensation (7:V) (view source)
Revision as of 21:53, 2 December 2021
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WCB deadlines are both short and generally strict so while there are reminders throughout this section outlining relevant deadlines, they are all collected here for quick reference. Steps 3-7 are only as applicable. | WCB deadlines are both short and generally strict so while there are reminders throughout this section outlining relevant deadlines, they are all collected here for quick reference. Steps 3-7 are only as applicable. | ||
# '''Report the claim to employer:''' Do this '''as soon as possible'''. Even small delays can prejudice your claim. | # '''Report the claim to employer:''' Do this '''as soon as possible'''. Even small delays can prejudice your claim. See WCA s. 149 [Former Act, s. 53]. | ||
# '''File a claim with WCB:''' Any claim must be filed within '''1 year''' of the date of injury. If a claim is filed later than one year, it may be accepted if it meets the criteria of “special circumstances” under sections 151 and 152 of the WCA [Former Act, s. 55] (see below). Note that even if a claim is accepted, it the application is filed more than three years late, the Board will only pay compensation from the date of the application forward, not from the date of the injury. | # '''File a claim with WCB:''' Any claim must be filed within '''1 year''' of the date of injury. If a claim is filed later than one year, it may be accepted if it meets the criteria of “special circumstances” under sections 151 and 152 of the WCA [Former Act, s. 55] (see below). Note that even if a claim is accepted, it the application is filed more than three years late, the Board will only pay compensation from the date of the application forward, not from the date of the injury. | ||
# '''Reconsideration of Board Decision:''' The Board may reconsider a decision for any reason within '''75 days''' of the date of that decision. The Board may reconsider a decision at any time if it contains an obvious error or omission. This is a significant change to the Board’s reconsideration powers resulting from amendments that came into force January 1, 2021. Outside of these two exceptions, a Board decision can only be changed by an appeal body. See WCA s. 123 [Former Act, s. 96(4) – (6)]. | # '''Reconsideration of Board Decision:''' The Board may reconsider a decision for any reason within '''75 days''' of the date of that decision. The Board may reconsider a decision at any time if it contains an obvious error or omission. This is a significant change to the Board’s reconsideration powers resulting from amendments that came into force January 1, 2021. Outside of these two exceptions, a Board decision can only be changed by an appeal body. See WCA s. 123 [Former Act, s. 96(4) – (6)]. | ||