Workers' Compensation in BC: A Complete Guide for Newcomers on WorkSafeBC Claims

What Is WorkSafeBC?

WorkSafeBC (the Workers' Compensation Board of British Columbia) is the provincial agency responsible for workplace health and safety in BC. WorkSafeBC serves two main functions: it sets and enforces workplace safety regulations, and it provides compensation and support to workers who are injured or become ill as a result of their work. The system is funded by employer premiums, not by workers. You do not pay anything into the workers' compensation system from your paycheque.

For newcomers to Canada, understanding your right to workers' compensation is extremely important. Many newcomers work in industries with higher rates of workplace injury, such as construction, manufacturing, agriculture, food processing, and hospitality. Regardless of whether you are a permanent resident, a temporary foreign worker, a refugee, or an international student working part-time, you are covered by WorkSafeBC if your employer is registered with the system, and most employers in BC are required to be registered.

How to Report a Workplace Injury

Immediate Steps After an Injury

If you are injured at work or develop a work-related illness, take the following steps immediately. First, seek medical attention if needed. For emergencies, call 911 or go to the nearest emergency room. For non-emergency injuries, visit your doctor, a walk-in clinic, or a hospital. Tell the healthcare provider that your injury or illness is work-related, as this ensures the visit is billed to WorkSafeBC rather than to MSP.

Second, report the injury to your employer as soon as possible. Under BC law, you must report a workplace injury to your employer as soon as it is practical. Your employer is then required to report the injury to WorkSafeBC if you need medical treatment beyond first aid, if you miss time from work, or if you earn less than your regular pay because of the injury. Even if your injury seems minor, report it. Some injuries worsen over time, and having an early report on file protects your right to future benefits.

Filing a WorkSafeBC Claim

You can file a workers' compensation claim directly with WorkSafeBC by calling their toll-free number, visiting their website, or going to a WorkSafeBC office. You can also have someone else help you file the claim if you are unable to do so yourself. When filing your claim, you will need to provide details about the injury or illness, including when and where it happened, what you were doing at the time, and what symptoms you are experiencing. Your employer and your healthcare provider will also submit reports to WorkSafeBC about the injury.

What Is Covered by Workers' Compensation?

Healthcare Costs

WorkSafeBC covers the cost of healthcare treatment related to your workplace injury or illness. This includes visits to your doctor, specialist consultations, hospital stays, surgery, physiotherapy, chiropractic care, occupational therapy, prescription medications, medical equipment (such as crutches or braces), and other treatments that are reasonably necessary for your recovery. You do not need to pay for these treatments out of pocket; they are billed directly to WorkSafeBC.

Wage Loss Benefits

If your workplace injury prevents you from working, WorkSafeBC provides wage loss benefits to replace a portion of your lost income. For the day of injury and the next day, your employer is required to pay you your regular wages. After that, WorkSafeBC pays temporary wage loss benefits equal to 90% of your average net (after-tax) earnings, up to a maximum amount that is adjusted annually. These benefits continue as long as you are unable to return to your pre-injury job due to your workplace injury.

The 90% wage replacement rate is significantly more generous than many other income replacement programs in Canada, such as EI sickness benefits, which pay 55% of your average earnings. This is because workers' compensation is designed to fully protect workers who are injured through no fault of their own while performing their job duties.

Permanent Disability Benefits

If your workplace injury results in a permanent disability, you may be entitled to a permanent disability award. WorkSafeBC assesses the nature and degree of your permanent impairment and provides a pension or lump-sum payment based on the severity. Permanent disabilities can be classified as either a loss of function (such as loss of mobility in a joint) or a loss of earnings capacity (if your permanent disability prevents you from earning what you earned before the injury).

Rehabilitation and Recovery

Vocational Rehabilitation

WorkSafeBC provides vocational rehabilitation services to help injured workers return to employment. If you cannot return to your pre-injury job because of the nature of your injury, WorkSafeBC may provide vocational assessments, retraining programs, job search assistance, workplace modifications, and other supports to help you find suitable alternative employment. The goal of vocational rehabilitation is to help you return to work that is safe, productive, and as close as possible to your pre-injury earnings.

Physical and Psychological Rehabilitation

In addition to vocational rehabilitation, WorkSafeBC covers physical rehabilitation such as physiotherapy, occupational therapy, and exercise programs. If your workplace injury has caused psychological effects such as anxiety, depression, or post-traumatic stress, WorkSafeBC also covers psychological counselling and treatment. Mental health conditions caused by workplace events, including traumatic incidents, harassment, and bullying, may be eligible for workers' compensation in certain circumstances.

The Return-to-Work Process

Your Rights and Responsibilities

Both you and your employer have obligations during the return-to-work process. As an injured worker, you are expected to cooperate with your treatment plan, participate in rehabilitation programs, communicate with your employer and WorkSafeBC about your recovery progress, and return to work when you are medically able to do so, even if it is in a modified or light-duty capacity. You have the right to refuse work that your doctor says is unsafe for you, and you have the right to a gradual return-to-work plan if medically appropriate.

Your employer is required under the Workers Compensation Act to cooperate in your return to work by providing suitable modified duties if possible, maintaining your position or a comparable one while you recover, and not retaliating against you for filing a claim. If your employer refuses to cooperate with the return-to-work process, WorkSafeBC can intervene.

Employer Obligations

What Your Employer Must Do

Employers in British Columbia have significant legal obligations related to workplace safety and workers' compensation. They must register with WorkSafeBC and pay premiums, maintain a safe workplace that complies with Occupational Health and Safety Regulations, report workplace injuries to WorkSafeBC, cooperate with the injured worker's return to work, and refrain from retaliating against workers who file claims or report safety concerns.

Employers must also provide workplace health and safety training to all workers, including new workers, in a language that workers understand. If you are a newcomer and your employer has not provided you with adequate safety training in a language you understand, this is a violation of the regulations. You can report unsafe working conditions to WorkSafeBC without fear of retaliation.

Special Considerations for Newcomer Workers

Language Barriers and Cultural Differences

Newcomer workers may face additional challenges when dealing with workplace injuries. Language barriers can make it difficult to understand safety instructions, communicate with healthcare providers, or navigate the claims process. Cultural differences may also play a role; in some cultures, workers may feel pressured not to report injuries or may be unfamiliar with the concept of government-provided workers' compensation. It is important to know that in British Columbia, every worker has the right to refuse unsafe work, report injuries, and receive compensation, regardless of their immigration status, language, or cultural background.

How to Appeal a WorkSafeBC Decision

If your WorkSafeBC claim is denied or you disagree with a decision about your benefits, you have the right to appeal. The first step is to request a review by the Review Division of WorkSafeBC within 90 days of the decision. If you are not satisfied with the Review Division's decision, you can appeal to the Workers' Compensation Appeal Tribunal (WCAT), which is an independent tribunal. Free legal assistance for WorkSafeBC appeals is available through workers' advisers at the Workers' Advisers Office, a provincial government office that provides free advice and representation to injured workers.

For more information about your rights as a worker in British Columbia, see our employment rights guide for newcomers. If you are interested in union membership, unions can also provide support and advocacy for workplace injury claims. Our healthcare guide explains how to access medical care, and our financial help guide covers other supports available to newcomers in BC.

Getting Help with Your WorkSafeBC Claim

WelcomeAide is committed to helping newcomers understand their workplace rights and access the benefits they are entitled to. Use our AI Newcomer Navigator to ask questions about workers' compensation, workplace safety, or any settlement topic in your language. Explore our blog for more newcomer guides, learn about our mission, or see how to get involved in supporting newcomer communities across Canada.