Click on the listed questions to read the answers.
- Are there any deadlines I should know about when appealing a WCB decision?
- Yes. The most applicable deadline for your appeal will be set out in your latest denial letter from WorkSafe BC. It's important you appeal within that deadline.
For each step of your appeal, new deadlines will be set out for the next step. If you hire Dykstra & Company, we will monitor those deadlines for you once we have conduct of your matter. If you prefer to launch your WCB appeal on your own, be sure to note your deadlines and get your appeal materials submitted within those deadlines. - How much does it cost for an initial consult with Dykstra & Company?
- For WCB matters, we charge $85 per 1/2 hour for consultations. The reason for this charge is that we get many calls about WCB matters. We're very happy to offer advice about your appeal with no further obligation. Often, WCB claimants need only some advice for guidance - and from there do their own appeal. This is a service we're happy to offer because we know not everyone is in a position to hire lawyers to take full conduct of their appeal.
Note: our advice during an initial consult is based on what you tell us. At that point we will not have reviewed your WorkSafe BC file, nor your medical documents. - How much does it cost to hire Dykstra & Company to do my WorkSafe BC appeal?
- Every WCB case and every budget is different. We understand that, and so we offer 3 pricing plans to suit your needs and resources. Our fee 2 WCB pricing options are as follows:
1. Full hire
Under this option we are fully retained to act as your lawyer for the specific WCB matters you hire us. We obtain your full WorkSafeBC file and take care of all the paperwork. Our rates are a flat rate fee, and in some cases a flat rate plus a percentage of the amount of money we obtain for you (known as contingency fees). Our flat rates are $2,000 per appeal and up, depending on the following:
* the complexity of your claim (i.e. seriousness of the injuries, number of doctors involved, amount of benefits you’re seeking, the size of your WCB file, etc.);
* the number of issues involved; and
* whether your appeal proceeds by oral hearing.
If you hire us under the 'full hire option', we'll reduce the quoted fee by the amount of your initial consultation, which is $85 per half hour.
2. As needed consultation
This option offers you the opportunity to meet with us to go over any aspect of your WCB matter on an as-needed basis. You can consult us one time, or several times as your WCB appeal proceeds. We will review any documents you wish us to review, including the materials you prepare yourself, and then offer our input. Under this option, we are not retained by you, are not the representative on record, and will not be your lawyer on your appeal (unless you decide to fully hire us). Also, since we don't have full conduct of your case, we do not collect or review your WCB file, unless you ask us to do so.
The cost for this option is $85 per half hour. The minimum amount of time you can hire us is one-half hour. There is no maximum number of consultations. - My workplace injury occurred over time - can I receive wage loss and/or medical benefits for this type of injury?
- Yes. You need to show that your job duties more than likely caused your injury. Back injury and carpal tunnel syndrome are two common injuries that result over time. These workplace injury claims are also commonly denied by WorkSafe BC.
Succeeding in your appeal for the "over time" injuries requires good supporting evidence that your job duties more than likely caused your injury.
Tip: if you start feeling discomfort on the job, but continue working through pain, note down when you started feeling discomfort and which job / work activities you were doing. Also, report all discomfort and injuries to your supervisor and/or a first aid attendant at your workplace - no matter how minor you think it is. Documentation can help your initial claim, and if denied, your appeal.
