Filing Initial WCB Claim
Many British Columbia WorkSafeBC claims are denied simply because not enough or the right evidence was submitted with the initial claim. If the decision makers at WorkSafeBC don’t have evidence supporting an injury claim, then those decision makers can’t make a decision in your favour.
The solution, of course, is to prepare a comprehensive and complete initial WorkSafeBC claim. We can help you with your initial claim to WorkSafeBC.
Workplace injuries are not pleasant. It can be frustrating being injured and unable to work. However, the situation is made much, much worse if your WorkSafeBC claim is denied. Consider the entire WorkSafeBC claim appeal process in British Columbia:
1. After filing your WorkSafeBC claim,. you should get a Claim Response WITHIN 17 DAYS of filing a claim.
WorkSafeBC states that it tries to decide a claim within 17 days. If they approve your claim, your cheque should be in the mail following 17 days. If denied, however, your denial letter will be in the mail. This is more of a timeline, and not a deadline.
2. If you’re not happy with the claim decision, you have 90 DAYS FROM THE DATE OF THE DENIAL LETTER to file a Request for Review.
If your initial claim is denied, you have 90 days to file a Request for Review with the Review Division from the date of your denial letter. Your denial letter from WorkSafeBC will state this deadline. The Request for Review form is available at the WorkSafeBC website.
3. You then have 30 DAYS TO SEND IN ADDITIONAL SUBMISSIONS from when your Request for Review was accepted.
If your Request for Review is accepted, you will receive a letter from the Review Division stating you have 30 days to send in more written submissions and/or documents. This 30 days starts to run from the date of the letter, not from the date you received the letter. Your Review Division submission form and your additional submissions form what is known as the “first-level appeal”.
4. The Review Division has up to 150 DAYS to issue a decision.
The Review Division has up to 150 days to issue a decision on your first-level appeal.
5. You have 30 DAYS TO APPEAL TO THE WCAT after your first-level appeal is denied.
After the Review Division denies your first-level appeal, you have only 30 days to appeal to the WCAT.
6. The WCAT has about 180 DAYS to make a decision.
The WCAT decision duration is about 180 days. This is about 6 months, give or take.
When you add up the entire process, it’s over a year long.
Therefore, when filing your initial WorkSafeBC, consider hiring us to guide you in preparing your initial WorkSafeBC claim. Call us toll free at 1 877.753.4793 today to find out how we can help you put together a thorough WorkSafeBC claim.
