Did you know that in 2007 WCB (aka WorkSafeBC) paid no compensation for 38,085 reported injuries? That means 22% of workers who reported injuries received no compensation.
You can significantly improve those staggering figures simply by filing a better initial claim to WCB.
Put yourself in the shoes of a WorkSafeBC case worker who decides whether you’ve been injured on the job. Let’s say you submit a claim for back injury that over time increases to where finally you just can’t do your job. You have no specific workplace incident. Maybe you never told your doctor because you thought it would go away. The only evidence you have is what you say on the claim form.
I’m not saying WorkSafeBC doesn’t give your claim consideration. What I’m saying is that your case is not a sure thing and that a WorkSafeBC case worker can just as easily deny your claim as accept. Why is that? Because your claim lacks persuasive evidence.
So, how can you significantly improve your WorkSafeBC claims to ensure the best chance of getting compensation and medical treatment due to you?
1. Get it documented. If ever you experience discomfort (physical and/or psychological), even if you aren’t staying home from work, tell your workplace first aid attendant. You should also tell your family doctor as soon as possible. If you don’t have a family doctor, then go to a walk-in clinic. It is best if you go to the same walk-in clinic so that all your medical records are in one location.
If your doctor recommends some form of treatment, do it! If it comes out later that you failed to follow your doctor’s recommendations, then you may be found at fault for future injuries.
2. Make notes and tell someone. Make notes as soon as you can or if your injury occurs over time, then document instances of discomfort. Consider whether any of the following applies:
a. Your injury details;
b. If your injury occurred over time, note down instances of discomfort;
c. Did production expectations or number of work hours increase?
d. Did your job activities change?
3. Note down witnesses. When able, note down all eye-witnesses if a specific workplace injury incident. If your injury occurred over time, be sure to tell someone over that time about what is going on with you. It’s best to choose someone you trust. You would also be wise to make brief notes who you told and when.
4. Light or Modified work duties. If your family doctor writes a note for your employer prescribing light or modified duties, ensure your employer gives you light or modified duties. If you aren’t given light or modified duties be sure to note down the date and the job you were given. If you are a union member, tell your union representative.
It is important to keep track of post-injury work activities so that if you unfortunately get injured later, you have it documented that you never had the opportunity to heal. This helps your claim and you hope WCB will investigate your employer to ensure they comply with doctors’ notes.
5. Trouble with English – do your best to find someone to translate. If you have difficulty with English, then all this documentation stuff is nearly impossible for you. What I suggest is that you get to know someone who speaks your native language and English, and who is willing to help you out. Then, if you ever experience discomfort, you can then do what is suggested above with the help of your translator. You may even wish your translator go to your doctor with you so that your doctor is properly informed.
The above 5 tips will certainly help your claim. However, if your claim is still denied, all the documentation you create by doing the above and your following medical recommendations will give your WCB appeal the best shot possible.
