Gosal & Company: Expert Advocates For Injured Workers In BC

The first thing you need to make sure to do is report the injury to your employer. If your injury is not so severe that you need to be immediately taken to the hospital, try and seek out a supervisor and/or an individual designated to provide First Aid and make sure that an incident report is completed as soon as possible.

If you are taken immediately to the hospital, make sure that you advise any medical professionals that your injury occurred at work. If you are able to leave work without being immediately taken to the hospital, make sure to seek medical attention as soon as possible and explain what happened, what your symptoms are, and that the incident occurred at work. Even if you did go to the hospital, we recommend that you also see your own doctor as soon as you can.

Finally, you also need to personally report your workplace accident to WorkSafeBC (WCB). In most cases, an application for compensation must be made within one year of injury. To report your injury, call 1-888-967-5377. The more detailed you can be regarding your symptoms, the better.

The first step in each WorkSafeBC claim is for the Board to determine which conditions have been accepted. You may have suffered multiple injuries, some more serious than others. You may have developed an occupational disease instead of an injury. Some workers are unable to pinpoint a specific workplace accident, but develop health problems over time. Many workers suffer from psychological conditions due to their injury, such as depression, post-traumatic stress disorder, or anxiety.

The crucial factor is whether your condition occurred due to your employment. As an insurance company with a goal to deny entitlement, the Board may deny your claim on the basis that there is no connection between your symptoms and your job duties. For example, the Board may point to a pre-existing condition to deny or minimize the scope of your claim. This is usually preceded by a referral to a Board “Medical Advisor.” Most WorkSafeBC Medical Advisors are non-practising general practitioners who provide opinions to Case Managers based on referral memos.

Short answer: No

Regardless of whether it might have been your fault, your employer’s fault, or a coworker’s fault, if you qualify, you are entitled to benefits from WorkSafeBC. In exchange for this right to compensation, you cannot sue any employer or worker for your injuries if that worker or employer is covered by the Act (s. 127 of the Workers Compensation Act (the “Act”)).

If your injury happened to be due to the negligence of a co-worker or employer, it doesn’t matter how he or she was conducting work, you are unable to hold that person accountable with a lawsuit.

For suing your employer for matters related to employment, including issues of wrongful dismissal, severance etc., you should contact an employment lawyer.

The workers’ compensation regime gives the Board exclusive jurisdiction to determine compensation for the plaintiff’s workplace injuries; it is immune from civil suit for actions taken under the Act. Section 122 of the Act precludes the use of a civil action to challenge decisions of the Board.

Sections 288 and 289 of the Act provide for appeals from certain Board decisions to the WCAT. Section 308 gives the WCAT exclusive jurisdiction over questions of fact and law. Section 309 is a privative clause, limiting court review of WCAT decisions. Just as s. 122, ss. 308 and 309 preclude the use of a civil action to challenge decisions of the WCAT.

To make a complaint against a doctor, you can file a complaint with the College of Physicians and Surgeons of British Columbia. For any medical malpractice issues, you should consult with a lawyer practicing in medical malpractice.

Medical malpractice occurs when a health care professional, through a negligent act or omission, causes an injury to a patient. This may include errors in diagnosis, treatment, after care, or health management.

You have the right to:

have your claim accepted for injuries that arise out of and during your employment;
have all of your work injuries accepted on your claim;
a timely response when you contact WorkSafeBC and request a call back;
health care and treatment expenses for your accepted injuries;
receive compensation based on a fair wage rate, under WorkSafeBC policy;
wage-loss benefits for missed work;
help with getting back to work, if you cannot return to your pre-injury job;
a disability award for permanent injuries; and
reopen your claim for health care or compensation if your condition changes later.
Be aware of the following time limits:

Board decisions can be reconsidered within 75 days;
Board decisions can be appealed within 90 days;
Review Division decisions can be appealed within 30 days; and
WCAT decisions are generally final. But if you wish to apply for judicial review at the Supreme Court, you must do so within 60 days.
WorkSafeBC does not negotiate or make “settlements” in the usual sense. Instead, they have laws and policies which they must follow, and they decide your compensation based on this. If WorkSafeBC issues a payment to you, such as a lump sum disability award, you can go ahead and deposit/cash it. Doing so does not affect your right to appeal their decision, if you disagree with the amount. You can still deposit/cash the WorkSafeBC payment, while also appealing to try to increase your compensation.

The Board does not have any firm deadlines within which an answer must be given to a worker nor within which to appeal a decision; however, in the event that you run into these issues, there may be some steps you can take.

We recommend that you put any inquiry/request for implementation in writing and send it to the Board. You can also call the Board’s switchboard at 604-231-8888 and request that a callback request be logged for a manager. While the manager typically will not be able to resolve the situation personally, they can sometimes encourage the responsible individual to do so which may speed up the process.

The Board will likely issue a decision respecting the termination of your benefits. Once a decision is issued, you have 90 days from the date of decision to appeal to the Review Division. Our office recommends continuing to participate in any Board-sponsored programs, as well as reporting any ongoing symptoms to your treatment providers, even if you feel that the Board may be terminating your benefits in the future. Such evidence may assist in future appeals.