There's a little-known policy item in the Rehabilitation Services Claim Manual, Vol. II (RSCM Vol. II) that places a requirement on WorkSafeBC to both investigate your claim and decide the issues of your claim "on the merits". These mandates are contained in Policy Item 2.20 of the RSCM Vol. II) which sets out the following: In making … [Read more...]
A Great Resource for Your WorkSafeBC Claim and/or Appeal
To some of you, this may be stating the obvious. However, this may be a tip for a new resource you haven't checked out yet. If you have a WorkSafeBC appeal, one of the best resources is the WorkSafeBC website. As you can well imagine, I'm on it often. It's where you can find the law, policy, regulations, and forms. It's easy to navigate … [Read more...]
Tip For Handling Your WorkSafeBC Claim and Appeal
As a lawyer, I communicate more often in writing than on the telephone. When I do communicate on the telephone, I often follow it up with a letter or email confirming what was discussed (I do this when what was discussed had some substance such as an agreement). However, when I review clients' WCB files, I seldom see letters from clients to … [Read more...]
Should I Appeal My BC WCB Pension Award?
I see many, many people about their BC WCB pension awards. Needless to say, many people are unhappy with their award. Fortunately you have 2 opportunities to appeal a pension award. But before doing so, you want to be sure you have a good argument for your appeal. What Makes for a Good WCB Pension Appeal Argument? The answer is … [Read more...]
Denied at WCAT? Consider a Reconsideration
You probably heard that the Workers Compensation Appeal Tribunal (WCAT) is the end of the line for WorkSafe BC claims. Often it is, however, did you know that you can ask the WCAT to reconsider its decision? Yes, you can. Also, there is no time limit to ask for a reconsideration. So, when should you ask for a reconsideration and how do you do … [Read more...]
10 Indicators Your Workplace Injury happened on the Job
Determining whether your injury arose out of and in the course of employment is the starting point for whether your WorkSafeBC claim or appeal will succeed. Section 5(1) of the Workers Compensation Act (WCA) states: Where, in an industry within the scope of this Part, personal injury or death arising out of and in the course of the employment … [Read more...]
5 Tips for Filing a Better WorkSafeBC Claim
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 … [Read more...]
WorkSafeBC Claim and Appeal Deadlines
Here's a listing in a nutshell of the general WorkSafeBC and WCAT appeal timelines and deadlines. As in all things legal, there are always exceptions. Read on if you wish to know the appeal timelines and deadlines at a glance. If you want to know all the exceptions and extension rules, please visit WorkSafeBC and WCAT websites. 1. Claim … [Read more...]
