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 Response: WorkSafeBC states on its website that it tries to decide a claim within 17 days. If approved, the cheque is in the mail. If denied, the letter is in the mail.
2. Your 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 WorkSafe BC will state this deadline. The Request for Review form is available at the WorkSafe BC website.
3. 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. These additional submissions and your Request for Review form your first-level appeal.
4. Review Division decision duration: 150 days. Yes, the Review Division has up to 150 days to issue a decision.
5. Review Division DENIES your first-level appeal: You have only 30 days to appeal to the WCAT.
6. WCAT decision duration: About 180 days. I say about because the 180 days doesn’t start running until the WCAT Board has been notified. The short answer is give or take 6 months.
As stated above there are some exception and exemption rules. Learn them if you must, but you are much better off if you simply adhere to the applicable deadlines. I’m not saying that if you miss a deadline your case is over for certain. However, you don’t need the added hassle or expense of trying to get a deadline extension or exemption.