Guide to Filing a WorkSafeBC Claim

If you are injured at work or develop an illness because of your job in British Columbia, you have the right to file a workers' compensation claim through WorkSafeBC. This is true regardless of your immigration status. Whether you are a permanent resident, a temporary foreign worker, or on a work permit, you are protected under BC's workers' compensation system. This guide explains the claims process step by step so you know what to do if you are injured on the job.

What Is WorkSafeBC?

WorkSafeBC (the Workers' Compensation Board of BC) is the provincial agency responsible for workplace health and safety and workers' compensation in British Columbia. It is funded by premiums paid by employers, not by workers. WorkSafeBC serves two main purposes: preventing workplace injuries and diseases, and providing compensation and support to workers who are injured or become ill because of their work.

For detailed information about WorkSafeBC, visit the WorkSafeBC website. For a newcomer-focused overview, see our guide on workers' compensation for newcomers in BC.

Who Is Covered?

Most workers in BC are covered by WorkSafeBC, including:

• Full-time and part-time employees.
• Temporary and seasonal workers.
• Workers on work permits and temporary foreign workers.
• Young workers and students on work placements.

Some workers, such as independent contractors and certain self-employed individuals, may not be automatically covered but can purchase optional coverage. If you are unsure whether you are covered, contact WorkSafeBC or ask your employer.

What to Do If You Are Injured at Work

If you are injured at work or develop a work-related illness, take the following steps:

Step 1: Report the Injury to Your Employer

Report your injury or illness to your employer as soon as possible. In BC, you are required to report a workplace injury to your employer as soon as it happens or as soon as you become aware of it. Your employer is then required to report the injury to WorkSafeBC if you need medical treatment beyond first aid, if you miss work, or if you earn less than your regular pay because of the injury.

Step 2: Get Medical Treatment

See a doctor or go to a hospital as soon as possible after your injury. Tell the doctor that your injury is work-related. The doctor will complete a Physician's First Report and send it to WorkSafeBC. This report is an important part of your claim. You have the right to choose your own doctor. WorkSafeBC covers the cost of medical treatment for accepted claims, including doctor visits, physiotherapy, medications, and other treatments.

Step 3: File Your Worker's Report

In addition to your employer's report, you should file your own Worker's Report of Injury or Occupational Disease with WorkSafeBC. You can do this online through the WorkSafeBC online reporting tool, by phone, or by visiting a WorkSafeBC office. Filing your own report ensures that WorkSafeBC has your account of what happened.

Step 4: WorkSafeBC Reviews Your Claim

After receiving the reports from you, your employer, and your doctor, WorkSafeBC will assign a claims officer to review your case. The claims officer will contact you to gather more information if needed and will make a decision on your claim. If your claim is accepted, you will start receiving benefits. If your claim is denied, you have the right to appeal the decision.

What Benefits Are Available?

If your WorkSafeBC claim is accepted, you may be entitled to the following benefits:

• Wage loss benefits: If you are unable to work because of your injury, WorkSafeBC will pay you a percentage of your regular earnings. This is typically about 90% of your net average earnings, up to a maximum amount.
• Medical treatment: WorkSafeBC covers the cost of medical treatment related to your injury, including doctor visits, physiotherapy, chiropractic care, medications, medical equipment, and other treatments.
• Rehabilitation services: If you need help returning to work, WorkSafeBC provides vocational rehabilitation services, including retraining and job placement assistance.
• Permanent disability benefits: If your injury results in a permanent disability, you may be entitled to a permanent disability award or pension.
• Survivor benefits: If a worker dies as a result of a workplace injury or disease, WorkSafeBC provides benefits to their surviving dependents.

Your Rights as an Injured Worker

As an injured worker in BC, you have several important rights:

• The right to file a claim and receive benefits if your claim is accepted.
• The right to choose your own doctor.
• The right to return to your job (or a comparable job) once you are able to work. Your employer has a duty to accommodate your return.
• The right to appeal a decision if your claim is denied or if you disagree with the benefits you receive.
• The right to be free from retaliation. It is illegal for your employer to punish you or fire you for filing a WorkSafeBC claim.

The Appeals Process

If your claim is denied or you disagree with a WorkSafeBC decision, you have the right to appeal. The appeals process has two levels:

• Review Division: The first level of appeal is to the Review Division within WorkSafeBC. You must request a review within 90 days of the decision you are appealing.
• Workers' Compensation Appeal Tribunal (WCAT): If you disagree with the Review Division's decision, you can appeal to WCAT, which is an independent tribunal. You must file your appeal within 30 days of the Review Division decision.

You can represent yourself in the appeals process, or you can get help from a workers' advisor. The Workers' Advisers Office provides free legal advice and representation to injured workers. Visit the Workers' Advisers Office page for more information.

Special Considerations for Newcomers

As a newcomer to Canada, there are a few additional things to keep in mind when filing a WorkSafeBC claim:

• Language services: WorkSafeBC provides interpretation services if English is not your first language. You can request an interpreter for phone calls, meetings, and medical appointments related to your claim.
• Immigration status: Your immigration status does not affect your right to file a WorkSafeBC claim. Even if you are working without proper authorization, you are still entitled to workers' compensation benefits if you are injured on the job.
• Understanding your rights: Some newcomers may not be familiar with workplace safety laws in Canada. It is important to know that you have the right to refuse unsafe work and the right to report hazards without fear of retaliation.

If you are a newcomer with a disability, you may also be eligible for additional supports. Check out our guide on disability services for newcomers in Canada.

Preventing Workplace Injuries

While it is important to know how to file a claim, prevention is always the best approach. Here are some tips for staying safe at work:

• Complete all required safety training before starting a new job.
• Use the proper personal protective equipment (PPE) for your job.
• Report hazards to your employer or supervisor immediately.
• Know your right to refuse unsafe work.
• Take breaks and follow safe work procedures.

If you are looking for other resources related to managing your life in BC, check out our guides on registering a vehicle in BC, the child care subsidy in BC, and applying for rental housing in BC.

Final Thoughts

Filing a WorkSafeBC claim can feel intimidating, especially if you are new to Canada. But the workers' compensation system exists to protect you. If you are injured at work, report it, see a doctor, and file your claim. You deserve to be supported while you recover. Do not let fear of the process or pressure from an employer prevent you from exercising your rights.

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