I was injured at work, what do I do now? 

1. Immediately report your injury to your employer
   • Seek first aid or medical attention as appropriate
   • If you must leave work and cannot return to the next shift stay in contact with your employer
2. Report the injury to WCB as soon as possible
   • If you are too injured to report the injury, file the report when you are well enough to do so
   • Report by calling Teleclaim at 1.888.WORKERS (1.888.967.5377)
   • Be prepared to provide:
     • Contact information for yourself and the employer
     • The date of injury and what happened
     • The name of the person you first reported the injury to
     • What days/hours you’ve missed from work
     • Names of co-workers, other witnesses who observed the incident/injury/exposure
     • Information about any other employers you have (this is important for setting the wage rate on a claim)
     • Names and phone numbers of any health care providers (doctor, nurse practitioner, physio etc.)
     • Your social insurance number
     • Your personal health number (on BC Services Card or driver’s license)
     • If you’ve missed work, your earnings from your most recent paystub and the last 12 months
3. See your doctor/nurse practitioner
   • If you are not able to return to work, see a medical professional to establish what limitations and/or restrictions are stopping you from returning to work
   • Tell the medical professional you had a workplace injury. The medical professional will then provide WCB with medical information
   • Maintain communication with WCB and the employer
4. You can expect a request to sign an authorization for the release of information to WCB (form 69W1). This is normal and is required to help WCB make decisions about your claim.
   
   

 I do not agree with the written or verbal decision I received from WCB. 

If you disagree with the decision from WCB you must appeal the decision to the Review Division of WCB. The Review Division deal with that majority of appeals through written submissions. If you submit the WCB Appeal Package to the Union and we agree to represent you, we will prepare and submit the submission for you.

1. The decision maker is the best person to explain the decision to you. If you do not understand the decision, contact the person who wrote the decision.
2. If you understand the decision and disagree with it:
   • You have 90 calendar days from the DATE ON THE DECISION LETTER (not the date you received it) to file an appeal to the Review Division of WCB.
   • You may feel you should file the appeal right away. As soon as you file the appeal the clock starts at the Review Division. The Review Division will complete most reviews within 150 days of receiving the request.
   • There may be benefit in delaying the filing of the review until closer to the deadline as this will allow you time to contact the BCGEU Compensation Appeals Department, allow them time to determine what additional evidence may be needed for the appeal, and allow time to get that evidence. After reviewing your file and conducting a merit assessment, the Compensation Appeals Team Rep may file the Request for Review and prepare a written submission on your behalf.
   • To request our assistance with your appeal, complete the WCB Appeal Package
3. You have 75 days from the date on the decision letter to contact the person who wrote the decision and request a reconsideration of it.  A reconsideration request will often only be allowed if there is new evidence to consider that was not available at the time the decision was made.  It will not be allowed if a Request for Review has been started.
4. IF YOU MISSED THE 90 DAY DEADLINE – LATE APPEAL
   • We are not able to assist members with a late-filing requests to the Review Division
   • If you missed the 90-day appeal deadline you can write to the Review Division and request an extension of time to appeal.
   • You MUST fully explain your reasons for missing the deadline.
     • Generally, a valid reason must be one that meant over the course of 3 months you were not able to notify the Review Division of your desire or intent to appeal.
     • You are unlikely to succeed if the reason is you forgot or you were busy.
     • The WCB decision is deemed served by regular mail unless it was returned to WCB. An argument that you did not receive the decision is difficult to substantiate.
   • If you are granted an extension of time to appeal the WCB decision, we may assist you with your appeal.
   • WITHOUT DELAY – complete the BCGEU’s WCB Appeal Package and immediately send it to our union.
   • Appeal packages received without the letter from the Review Division confirming an extension of time is granted will not be processed.
5. IF THE DEADLINE TO FILE THE APPEAL IS IMMINENT
   • If you haven’t missed the 90-day deadline, but there is not sufficient time for us to file the appeal on your behalf, you should file it yourself by following the instructions found here: https://www.WCB.com/en/review-appeal/submit-request
   • If you do file your own appeal, please include this information when you send us your WCB Appeal Package

 I do not agree with the decision I received from the Review Division. 

Most issues decided by the Review Division of WCB are eligible for appeal to the Workers’ Compensation Appeal Tribunal (WCAT). WCAT is the final level of appeal in the compensation system, and their decisions are binding on WCB. WCAT manages appeals through both written submissions and oral hearings. If we are providing you with representation, we will discuss which method we think is best for your case.

1. The timeline to file an appeal with WCAT is 30 DAYS from the DATE OF THE REVIEW DIVISION DECISION (not the date you received the decision)
   • You may feel you should file the appeal right away. As soon as you file the appeal the clock starts at WCAT. The WCAT issues most decisions within 180 days of receiving the request. These timelines may be impacted by WCB’s disclosure of the file information and/or if parties request additional time during the process.
   • There may be benefit in delaying the filing of the appeal until closer to the deadline as this will allow you time to contact the BCGEU WCB department, allow them time to determine what additional evidence may be needed for the appeal, and allow time to get that evidence. After reviewing your file and conducting a merit assessment, the Compensation Appeals Team Rep may file the Notice of Appeal, prepare a written submission on your behalf or prepare you for an oral hearing. *Oral hearings may be in person or via Microsoft Teams.
   • To request our assistance with your appeal, complete the WCB Appeal Package
2. IF YOU MISSED THE 30-DAY DEADLINE – LATE APPEAL
   • We are not able to assist members with a late-filing requests to the WCAT
   • If you missed the 30-day appeal deadline you can write to the WCAT and request an extension of time to appeal.
   • You MUST fully explain your reasons for missing the deadline.
     • Generally, a valid reason must be one that meant over the course of 30 days you were not able to notify the WCAT of your desire or intent to appeal.
     • You are unlikely to succeed if the reason is you forgot or you were busy.
     • The Review Division decision is deemed served by regular mail unless it was returned to them. An argument that you did not receive the decision is difficult to substantiate.
   • If you are granted an extension of time to appeal the Review Division decision, we may assist you with your appeal.
   • WITHOUT DELAY – complete the BCGEU’s WCB Appeal Package and immediately send it to our union.
   • Appeal packages received without the letter from the WCAT confirming an extension of time is granted will not be processed.
3. IF THE DEADLINE TO FILE THE APPEAL IS IMMINENT
   • If you haven’t missed the 30-day deadline, but there is not sufficient time for us to file the appeal on your behalf, you should file it yourself by following the instructions found here: https://www.wcat.bc.ca/home/forms/
   • If you do file your own appeal, please include this information when you send us your WCB Appeal Package

 What happens once I file a claim?

Filing a claim with WCB triggers a series of events and decision points (see chart). WCB will review the information received from you and the employer. The decision maker on your claim will likely contact you via telephone to discuss the matter and gather further information. You will be asked to sign an authorization form giving WCB permission to gather historical and current medical evidence/information from your current and potentially prior health care professionals. This is a normal event in the process, and if you do not sign the form, WCB may decline to make any decisions on your claim.

WCB may authorize some health care benefits prior to deciding entitlement to temporary wage loss benefits.

If your claim is denied and you wish to file an appeal, complete the WCB Appeal Package and submit to [email protected]. If you need any assistance, please reach out to your area office.

If you did not miss any time from work your claim may be accepted for health care benefits only. If you did miss time from work and/or remain off work, your claim may be accepted for temporary wage loss benefits and health care benefits (this is treatment, not extended health coverage).

Other than the accept/deny decision, the next most important decision on your claim is the short-term and long-term wage rate decisions. Ensure you provide the Wage Rate Officer with all employment income information and identify if there were any anomalies in the earning years that significantly negatively impacted your earnings. **Do not forget to include any negotiated wage increase information**. The long-term wage rate is the rate that is the foundation for all further financial decisions on your claim (i.e. what type of vocational rehabilitation plan you might get, how much your pension may be etc.)

You will continue to get treatment and stay in touch with WCB and your employer. At a certain point, based on medical information, WCB will either determine that your injury/illness has resolved and expect you to return to work; or they will determine your injury/illness has reached a plateau (not likely to get better or worse in the next 6 months). They will issue a written decision outlining their reasons for either decision.

If it is determined that your injury/illness has reached plateau and you have permanent limitations/restrictions, your employer will be asked if they can accommodate you. If no agreement is reached regarding an accommodation, then you may be referred to the Vocational Rehabilitation process. You may also be referred to the Disability Awards Department for consideration of a disability award or loss of earnings pension. These are complex issues that can be discussed with your Compensation Appeals Representative once you’ve received the decision.

You will receive multiple decisions during the life of your claim. If you disagree with any of the decisions, please complete the WCB Appeal Package and submit it to [email protected]

 Bill 41 Duty to Cooperate and Duty to Maintain Employment

The Duty to Cooperate and Duty to Maintain Employment provisions of Bill 41 came into effect on January 1, 2024.

What matters to members?

Duty to Cooperate – if you are injured at work

• Expect the Employer to contact you the next day or day after to see if you can return to modified duties – this is a WCB requirement
• You have an obligation to contact your employer as soon as possible to identify if you think there are suitable modified duties you can do
• Both parties must stay in touch with each other and with WCB
• You must respond to your employer’s calls
• You must not reasonably refuse suitable work (you can discuss this with your Steward if there are concerns)
• If contact with your employer is likely to significantly worsen your physical or mental health such that it would impact your recovery (where this is supported + documented by your treating health practitioners), you must tell the employer and tell WCB
• The employer is allowed to know your work-related limitations and restrictions (what you can and cannot safely do at work); they are not entitled to know your diagnosis
• If you are not comfortable returning to work until you see your doctor, notify the employer, WCB and speak to your Steward so they are aware and can address any potential concerns
• If you do not participate in the Duty to Cooperate process your claim may be suspended (if the employer does not participate, they may face penalties)
• If you receive a decision from WCB about the Duty to Cooperate, and you disagree with the decision, go to https://www.bcgeu.ca/wcb_appeal_package, follow the instructions and submit a WCB Appeal Package to the Compensation Appeals Team.

Duty to Maintain Employment

• The Duty to Maintain Employment follows the Human Rights Duty to Accommodate legislation.
• If you require an employment accommodation as the result of your workplace injury, consult your Steward to ensure our union can assist you with the process as needed.
• If you receive a decision from WCB about an accommodation, and you disagree with the decision, go to https://www.bcgeu.ca/wcb_appeal_package, follow the instructions and submit a WCB Appeal Package to the Compensation Appeals Team.