FAQs

Short answer: No

Regardless of whether it might have been your fault, your employer’s fault, or a coworker’s fault, if you qualify, you are entitled to benefits from WorkSafeBC.  In exchange for this right to compensation, you cannot sue any employer or worker for your injuries if that worker or employer is covered by the Act (s. 127 of the Workers Compensation Act (the “Act”)).

If your injury happened to be due to the negligence of a co-worker or employer, it doesn’t matter how he or she was conducting work, you are unable to hold that person accountable with a lawsuit.

For suing your employer for matters related to employment, including issues of wrongful dismissal, severance etc., you should contact an employment lawyer. 

The workers’ compensation regime gives the Board exclusive jurisdiction to determine compensation for the plaintiff’s workplace injuries; it is immune from civil suit for actions taken under the Act.  Section 122 of the Act precludes the use of a civil action to challenge decisions of the Board.

Sections 288 and 289 of the Act provide for appeals from certain Board decisions to the WCAT. Section 308 gives the WCAT exclusive jurisdiction over questions of fact and law.  Section 309 is a privative clause, limiting court review of WCAT decisions. Just as s. 122, ss. 308 and 309 preclude the use of a civil action to challenge decisions of the WCAT.

To make a complaint against a doctor, you can file a complaint with the College of Physicians and Surgeons of British Columbia.  For any medical malpractice issues, you should consult with a lawyer practicing in medical malpractice.

Medical malpractice occurs when a health care professional, through a negligent act or omission, causes an injury to a patient.  This may include errors in diagnosis, treatment, after care, or health management.

You have the right to:

• have your claim accepted for injuries that arise out of and during your employment;
• have all of your work injuries accepted on your claim;
• a timely response when you contact WorkSafeBC and request a call back;
• health care and treatment expenses for your accepted injuries;
• receive compensation based on a fair wage rate, under WorkSafeBC policy;
• wage-loss benefits for missed work;
• help with getting back to work, if you cannot return to your pre-injury job;
• a disability award for permanent injuries; and
• reopen your claim for health care or compensation if your condition changes later.

Be aware of the following time limits:

• Board decisions can be reconsidered within 75 days;
• Board decisions can be appealed within 90 days;
• Review Division decisions can be appealed within 30 days; and
• WCAT decisions are generally final. But if you wish to apply for judicial review at the Supreme Court, you must do so within 60 days.

WorkSafeBC does not negotiate or make “settlements” in the usual sense.  Instead, they have laws and policies which they must follow, and they decide your compensation based on this.  If WorkSafeBC issues a payment to you, such as a lump sum disability award, you can go ahead and deposit/cash it.  Doing so does not affect your right to appeal their decision, if you disagree with the amount.  You can still deposit/cash the WorkSafeBC payment, while also appealing to try to increase your compensation.

The Board does not have any firm deadlines within which an answer must be given to a worker nor within which to appeal a decision; however, in the event that you run into these issues, there may be some steps you can take.

We recommend that you put any inquiry/request for implementation in writing and send it to the Board.  You can also call the Board’s switchboard at 604-231-8888 and request that a callback request be logged for a manager. While the manager typically will not be able to resolve the situation personally, they can sometimes encourage the responsible individual to do so which may speed up the process.

The Board will likely issue a decision respecting the termination of your benefits. Once a decision is issued, you have 90 days from the date of decision to appeal to the Review Division. Our office recommends continuing to participate in any Board-sponsored programs, as well as reporting any ongoing symptoms to your treatment providers, even if you feel that the Board may be terminating your benefits in the future. Such evidence may assist in future appeals.

You should consider hiring a lawyer at any stage of your case and, certainly, when you receive an appealable decision letter that you do not understand.  Many of our clients (whom we have represented successfully) engage our services at the commencement of their case, before important decision letters are issued on their claim.

You should ask questions of any representative who is taking on your case, such as their qualifications, experience, and resources that they will utilize to advocate your case (such as independent medical examinations and medical-legal reports).  Do they want you to do all of the initial gathering and leg work, or will they canvass supportive evidence on your behalf?  Will they ask for an oral hearing or base your appeal on written submissions?  Can they take conduct of your case from start to finish, or will they only represent you on one appeal?  Having all of this information will allow you to make an informed decision.

Our lawyers will attempt to ensure that you receive compensation for the entirety of your condition.  We have successfully handled a very wide variety of cases involving physical and psychological disabilities, including limb amputations, disc herniations, sciatica, low back injuries, knee injuries, shoulder injuries, elbow injuries, wrist injuries, neck injuries, burns, disfigurement, occupationally-related respiratory disorders, cancers, fibromyalgia, eye disabilities, chronic pain syndrome, carpal tunnel syndrome, epicondylitis, tendinitis, bursitis, cubital tunnel syndrome, major depression, post-traumatic stress disorder, Reflex Sympathetic Dystrophy Syndrome, Chronic Regional Pain Syndrome, sexual dysfunction, bladder/urinary dysfunction, alcohol dependency, (various) nerve damage cases, hearing loss, tinnitus, traumatic head/brain injuries, post-concussion syndrome, and more.

After a claim is accepted, the Board will provide you with the health care benefits they deem necessary to treat your condition.  This may include coverage for medications, referrals to various rehabilitation programs, and counselling for psychological conditions.

You may suffer from multiple conditions, all attributable to a workplace incident or to your work duties.  However, you will only receive benefits for the conditions accepted under your claim.  Additionally, the Board may deny coverage for certain treatment or medications on the basis that they are not “reasonably necessary” to treat your condition.

Once again, the Board’s goal is to minimize conditions accepted in order to minimize claims (and treatment) costs.

For as long as your condition remains temporarily disabling, the Board should provide you with wage loss benefits.  Regular medical reports from your doctors are required.  The amount of these payments is based on the weekly wage rate set on your claim.

Your wage rate depends on how much you earned before your injury.  For the first 10 weeks that you miss work, you will receive benefits based on an initial wage rate.  This rate is set at 90% of the income you earned in the three months before your injury.  If your recovery takes longer than 10 weeks, the Board will calculate your benefits based on a long-term wage rate. This rate is set at 90% of the income you earned in the 12 months before your injury.

For workers who are able to make a full recovery, wage loss benefits will end when their conditions resolve and they are able to return to work.

For other workers, wage loss benefits will end when their medical condition is no longer expected to undergo any significant changes. You may find that your doctors have no more treatment options to offer, and advise that further improvement is unlikely.  This means that your condition has stabilized, or reached medical plateau. You are left with a physical or psychological disability (or both), and you find that you cannot engage in the same activities as before you were injured.  At this point, the Board should refer your claim to the Disability Awards Department for evaluation of your entitlement to a disability pension.

Problems arise when the plateau date determined by the Board is premature.  This will result in termination of your wage loss benefits before your condition has resolved, or while your condition is still improving.

A more significant issue arises when you suffer from a permanent disability, yet the Board decides that your condition has resolved and that you should be able to return to work.  In such a case, your claim will not be referred to the Disability Awards Department, which is tantamount to a denial of your right to a disability pension.

As with most issues in your claim, the Board’s goal is to minimize your wage rate, wage loss duration, and permanent conditions accepted.

Workers who have not fully recovered from their injuries are considered for a disability pension.   This is referred to as a permanent partial disability (“PPD”) award.  To be eligible for a PPD award, your injury must result in a permanent disability that will impair your future earning potential. You will only receive a PPD award after your condition has stabilized.

Your PPD award will be calculated as a percentage of total disability, and the monetary amount will depend on the wage rate set on your claim.  The Case Manager will refer your file to the Disability Awards Department, who will contact you and schedule a Permanent Functional Impairment Evaluation (“PFIE”).  During the PFIE, you will be required to perform physical tests measuring your level of impairment (if your disability is physical), or to undergo an assessment by a psychologist (if your disability is psychological).  The Board’s Permanent Disability Evaluation Schedule (“PDES”) is a set of guidelines containing percentages for many types of permanent disabilities. 

A few months after the PFIE, the Board will issue a decision letter notifying you of your pension entitlement.  If your award amounts to less than $200 per month, you will receive a lump sum award.  If your award amounts to more than $200 per month, you will receive a monthly pension, payable to age 65 in most cases.

Often the Board completely ignores objective evidence (e.g. CT scans, MRI findings) of disability and classifies serious disabilities as “chronic pain.”  Chronic pain is quantified by the Board as a 2.5% (out of 100%) disability.

Some workers realize that their disability prevents them from returning to their former jobs, or that they cannot find new employment matching their pre-injury income.  In such cases, they may be eligible for a loss of earnings (“LOE”) award.

A 100% LOE award will be granted to workers who are deemed to be unemployable, and will be equivalent to the amount of your wage loss benefits. 

A partial LOE award is granted to workers who are able to find a new job, and will be equivalent to the difference between your current income and your pre-injury wage rate.  This is a very valuable award, because it will approximate the income you earned before you were injured.

You should be aware that not all workers who have lost their job are eligible to receive an LOE award.  In fact, the Board denies LOE assessments in most cases.  You will usually be assessed for an LOE award if you are currently earning significantly less than you did before you were injured.  You may feel that you fit this description, and that you should receive an LOE award.  However, the Board routinely denies LOE entitlements by determining that a worker can adapt to a suitable occupation.  On this basis, the Board may conclude that you will be able to meet or exceed your pre-injury earnings, or that you are only entitled to a partial LOE award.

In some cases, the Board provides workers with Vocational Rehabilitation (“VR”) benefits.  These may include payments equal to your wage loss benefits.  You should be aware that this type of assistance is offered at the Board’s discretion, and is limited in duration and quality.  Not every injured worker will receive VR benefits.  Additionally, to remain eligible for VR assistance, you are required to cooperate fully in the VR plan formulated by the Board.  You will only receive VR benefits after your condition has stabilized.

VR plans vary widely.  Some workers are able to return to their pre-injury employer, but require assistance adapting to modified job duties.  Other workers may have lost their pre-injury position, and require assistance in their job search.  For workers who must find an entirely new occupation, the Board may provide additional training.

However, many workers find that the Board has prepared a VR plan that is incompatible with their post-injury abilities.  You may not be able to physically tolerate the occupations deemed appropriate by the Board, or you may find that you cannot meet the demands made by VR staff.

For cost reasons, the Board usually chooses private facilities offering relatively inexpensive courses.

WCAT decisions are generally final.  In rare circumstances, it can be possible to seek Reconsideration or Judicial Review.  Reconsiderations can be sought once anytime from WCAT, if: there is new evidence that was not available when the Vice Chair was making the decision; or WCAT made a jurisdictional error (deciding a matter beyond its power, failing to decide a required matter, or procedural unfairness).  Judicial Reviews are made to the Supreme Court and must be sought within 60 days after the decision.  Judicial Review applications may be allowed where WCAT made an error of fact, law, or procedural fairness.  We do not assist with Reconsiderations or Judicial Reviews.

The Board has a policy in its Rehabilitation Services and Claims Manual, Volume II, policy item #100.40 – Fees and Expenses of Lawyers and Other Advocates, that explicitly sets out that the Board will not pay your legal fees.  The policy says the following:

No expenses are payable to or for any advocate. Nor does the Board pay fees for legal advice or advocacy in connection with a claim for compensation.

There are a few situations in which the Board may provide legal assistance to an injured worker and/or their family; however, these situations are exceedingly rare and would not include and assistance in regard to any issue on the worker’s claim itself.

Unlike a personal injury litigation case, there is no large “settlement” amount from which a lawyer can take a percentage.  The vast majority of our clients receive a monthly disability award (or pension) after successful appeals.

We require a modest initial retainer fee and charge an hourly rate far below the going rate for lawyers of comparable experience.