Frequently Asked Questions

Last updated on January 18, 2023
 

Claims

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.

 

Insurance

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.

 

Occupational Health and Safety

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

If you would like to challenge an Order, you may request a review. For more information, please see Disputing an Occupational Health and Safety Order, Citation, or Penalty.

For assistance, please contact our office.

 

Is a Prevention Officer allowed to just show up on my worksite without notice?

Yes. A Prevention Officer is allowed to enter a place, including a vehicle, to conduct an inspection for the purpose of preventing a work-related accident or illness, investigating an accident or complaint, or ensuring compliance with health and safety laws.

Inspections may be carried out at a reasonable hour of the day or night or at any other time if the Prevention Officer believes a situation exists that may be hazardous to a worker. Unless the workplace is a private residence, no prior notice of an inspection is required

 

EAO Services

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.

 

Virtual Seminars and E-learning

I didn’t get the link for my virtual seminar. Where is it?

Our virtual seminar registration process requires two steps: (1) register on our website; (2) register with GoToTraining.

When you register on our website, you will receive an email that says “further action is required to complete registration.”  Click on the link in that email to complete the second registration with GoToTraining.  You must complete the second registration with GoToTraining. Once complete, you will receive the link to join the virtual seminar.  This link is personal to you and should not be shared.

 

If the person that registers for the virtual seminar has more than one person watching the virtual seminar from their computer, can those other people receive a certificate for attending?

Yes, as long as you register or waitlist the other people on our website.  If they are waitlisted, send an email to eao@eao-bc.org after the virtual seminar letting us know their names and email addresses and the name and date of the virtual seminar. Once this email is received, we will update the system and send out the certificates.

 

If a virtual seminar is full, can I transfer the seat from a registered participant who cannot attend to another co-worker?

No, you can’t transfer the seat.

However, if another co-worker is registered and participating, a replacement co-worker may sit in with that registered participant. In this case, please ensure the replacement co-worker is registered as a waitlisted participant. After the virtual seminar, please email to let us know the name and date of the virtual seminar, and the name and email address of the replacement co-worker.

Please withdraw any registered participant who cannot attend as soon as possible.

 

How can new Joint Occupational Health and Safety Committee members obtain mandatory training? Are EAO virtual seminars sufficient?

All joint committee members selected on or after April 3, 2017 must receive eight hours of training and instruction.  To meet this requirement, new joint committee members can take:

  • 2-hour online component from WorkSafeBC; and
  • New Joint Committee Member training, 4 modules, by virtual seminar (90 minutes each) offered by the Employers’ Advisers Office

Mandatory training can also be delivered by the employer or external training providers. To find training near you, contact the health and safety association for your industry, or local OHS training providers.

 

I did not receive my confirmation email after registering for a virtual seminar on your website.

Please note it may take up to 15 minutes for you to receive the confirmation email. If you still do not receive the confirmation email after this time, please check your junk email folder. If the email isn’t in your junk folder, your security settings may be preventing the email from being delivered to your inbox. You will need to check with your IT person. If the issue still isn’t resolved, call 1 800 925-2233 to ensure the email address is correct. The email may have to be resent. For future registrations, you may wish to add email domain @eao-bc.org to your safe sender list.

 

I was on a waitlist for a virtual seminar last month. Am I automatically added to the next available virtual seminar?

If you are on a waitlist and the same virtual seminar in the same region becomes available, the registration system will notify you that another virtual seminar is available on a different date.You will then have the opportunity to register for that virtual seminar.Waitlisted participants are not automatically added to next available virtual seminar. 

 

How long does it take to receive my virtual seminar certificate?

You should receive your certificate within a week of the date you attended the virtual seminar.

 

I think I may have lost my virtual seminar certificate, or didn’t receive it.  Can I get a new one?

Yes. Contact eao@eao-bc.org with your name, email address, and the name and date of virtual seminar.

 

How do I access EAO e-learning courses?

Go to the page to access or create an account. To set up an account, you will need to provide your email address and set a password.

 

Why do I not see virtual seminar records in my e-learning profile?

The system used to manage our e-learning courses is independent of our office.  At this time, virtual seminars are not tracked. 

 

I forgot my password for my e-learning account. What do I do?

From the main e-learning login page, click on “Forgot Password” to reset your password.

 

If I forgot my username, what should I do?

Email EAOSeminars@eao-bc.org and request assistance from the administrator.