Frequently Asked Questions

My worker was hurt a couple hours into their shift and I paid them for the full shift.  He returned to work the next day, so no additional time was lost.  Can we apply for a claim so I can be reimbursed what I paid the worker?

The day of injury is not compensable for the worker or reimbursable for the employer who pays the worker for that day. However, if your worker sought medical treatment for the injury, or should have done so, an Employer’s Report of Injury or Occupational Disease (Form 7) is required. This is because workers may be entitled to receive health care benefits even if there is no lost time.

 

I have a worker who was injured at work but did not miss any time.  Do I still report this to WorkSafeBC?

If your worker received or intends to receive medical treatment, or if you believe the worker should receive medical attention, you are required to report the injury in an Employers’ Report of Injury of Occupational Disease (Form 7) and conduct an investigation.

Workers who are injured at work may be entitled to a claim and receive health care benefits even if there is no lost time from work.

 

I have a worker who was injured at work and has been home for a couple of days.  Can I just pay the worker instead of filing a claim with WorkSafeBC?

No. If your worker has missed time as a result of a work injury, you are required to file an Employers’ Report of Injury of Occupational Disease (Form 7) and conduct an investigation. Failing to report an injury when required is an offence under the Workers Compensation Act and may be considered claims suppression, which is a further offence.

 

Do I have to pay the worker for the day of injury?

No. The Workers Compensation Act specifically excludes the day of injury from compensation. WorkSafeBC policy has interpreted the “day of injury” to mean the shift during which the injury occurs.

 

I have left multiple messages for the Claims Officer but haven’t heard back.  What else can I do to help move this claim along?

It can be frustrating when a worker is off work on a claim that seems to be taking a long time to resolve. Delays at WorkSafeBC can often occur when the Claims Officer is awaiting medical information needed to make a decision about the next phase of the claim.

Continue to contact the Claims Officer by mail, fax, or phone (leaving voicemail messages), and document your attempts. If you still receive no response, contact the Claims Officer’s manager. If this is also unsuccessful, please contact our office for assistance. Alternatively, you may contact the WorkSafeBC Fair Practices Office.

 

If my worker contracts COVID-19, are they covered under a WorkSafeBC claim?

If the nature of the work creates a risk of contracting the disease that is significantly greater than the risk to the public at large, a claim may be accepted.

An example of a significantly increased risk may include hospital workers treating COVID-19 patients.

If you believe your worker is at a greater risk than the general public of contracting the infection, you should file an Employer’s Report of Injury or Occupational Disease (Form 7), providing  information of your COVID-19 Safety Plan.

 

I’ve been asked if I have any selective or light employment to offer my injured worker. What happens if I don’t have anything?

If you are unable to offer different duties, or to appropriately modify work tasks or hours of work to promote recovery, your worker will remain off work and continue to collect wage-loss benefits.

If you would like more information about modified duties, please contact our office for assistance.

 

My worker is refusing the light duties we’ve offered. What can I do?

There are several reasons why a worker may refuse light duties. The worker may believe they are incapable of performing the tasks you have offered or that the tasks are unsafe or unproductive.

If your worker refuses your offer, contact the Claims Officer to ask for an intervention to resolve the matter. As part of this process, you will need to provide a clear and detailed description of the duties offered, including the physical requirements necessary to do the work.

The Claims Officer will consider your offer in light of any medical information outlining restrictions, physical limitations and abilities and decide whether your worker’s refusal is reasonable.  If the refusal is found to be unreasonable, your worker’s wage-loss benefits will be adjusted as of the date the offered work was suitable and available.

For assistance with a refusal of light duties, please contact our office.

 

We have a worker who is on a graduated return-to-work program, but we feel they are still too injured to work.  What happens if they hurt themselves again? 

Discuss your concerns about re-injury with your worker. If you haven’t already done so, give the worker a written description of the tasks and physical demands required for the work and ask the worker to share this with their doctor to get an opinion as to whether the tasks are safe. If this has already been done, or if your worker refuses your request, contact the Claims Officer.

If the worker has another injury at your workplace, another claim may be filed, or the initial claim may be prolonged. It is therefore important to tell the Claims Officer of the steps you are taking and ask for help in creating or modifying job tasks to ensure your worker’s safety.

I’m a sole proprietor without workers and the company I’m contracting for said I need to have my own WorkSafeBC coverage.  WorkSafeBC won’t let me register because they say I’m a worker.  What can I do?

In order for you to register with WorkSafeBC, your business has to be sufficiently independent from the company for whom you are providing services. WorkSafeBC will review such things as:

• the degree of control the company has over when and how you do the work
• whether you have a chance of making a profit or loss
• whether you work continually and indefinitely for the one company, or whether you work intermittently and for different companies or people
• whether you are able to hire someone else to do the work

If your business is not found to be sufficiently independent, WorkSafeBC will find you to be a worker.

If you believe WorkSafeBC’s decision is incorrect and would like to challenge it, please contact our office.

 

We believe our company has been wrongly classified and our premiums are higher than they should be. What should we do?

You are required to notify WorkSafeBC of any possible errors in classification or of any changes to your operations that may impact your classification as soon as possible. Timely notification is very important, as this impacts the effective date of any change to your premiums.

If you believe you have been wrongly classified, contact WorkSafeBC at 604 244-6181 in the Lower Mainland, or toll-free at 1 888 922-1768.

If you require further help regarding possible misclassification, please contact our office.

 

How do I get a clearance letter to make sure the contractor I’m hiring has paid its WorkSafeBC premiums?

To obtain a clearance letter or to set up a clearance alert to be notified of future issues with the contractor's account, go to the Get a clearance letter page on WorkSafeBC’s website.

A Prevention Officer just wrote an Order against my company. I don’t agree with it. What can I do?

Is the Employers’ Advisers Office part of WorkSafeBC?

No. The Employers’ Advisers Office is a branch of the Ministry of Labour. We are independent of WorkSafeBC.

 

How much do your services cost?

Our services are free of charge.

 

Can you help me take a look at my worker’s claim file?

While we have access to claim files to help us provide you with advice and assistance, we are not authorized to disclose file contents.

However, if you are involved in the review or appeal of a claim decision, your worker’s claim file will be disclosed to you. This information will include communications with WorkSafeBC officers, and reports from physicians and other medical practitioners.

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