Compensation Claims and Benefits
Are there timelines to apply for workers' compensation?
You must apply for compensation within one year of the date you were disabled from an occupational disease. If this date was missed due to "special circumstances" than WorkSafeBC will determine if the claim can go forward. Please refer to the factsheet for a list of special circumstances and what actions to take.
What if my employer tells me I should not apply for workers' compensation or report an injury or disease?
Section 73 of the Workers Compensation Act states that an employer or supervisor must not seek to discourage, impede or prevent you from reporting an injury to WorkSafeBC. Any pressure from an employer is illegal, including:
- Persuasion, or
All of these things are known as claim suppression. For more information about your rights under the Workers Compensation Act read our Claim Supression Factsheet.
How can I avoid some problems with my claim?
Being injured or disabled from work can be a very stressful time. Dealing with WorkSafeBC at the same time you’re coping with your medical problems can be a challenge.
Our Avoiding Problems with Your Claim Factsheet has some tips that may help you avoid some common problems, and deal with others.
Can I sue my employer, another employer or a worker for causing my work-related injury or occupational disease?
You cannot sue your employer, another employer or a worker (whether or not you have the same employer) for causing your work-related injury or occupational disease. Section 127 of the Workers Compensation Act bans such lawsuits.
However, if someone else caused or contributed to the work-related injury or occupational disease, you can choose to sue that “third party,” rather than claim compensation from WorkSafeBC. This often arises in cases involving motor vehicle accidents.
If a third party may have caused your injury, we recommend you read our Third Party Claims Factsheet and speak with a lawyer for advice.
Can I get more benefits if my medical condition changes?
Yes, WorkSafeBC can reopen benefit decisions if there is a significant change or recurrence of a medical condition.
CPP disability and WorkSafeBC benefits
CPP pays a monthly benefit to people who have contributed to the plan, who are between the ages of 18 and 65 and who are disabled according to CPP legislation.
The compensation rate is calculated by the degree of disability and if other benefits are in place
What assistance is available if I have difficulty returning to work?
In most instances your WorkSafeBC case manager will refer you for vocational rehabilitation if it appears you will have difficulty returning to work, or if your job is no longer available to you because of your injury. You will then collaborate with a vocational rehabilitation consultant who assesses your needs and determines appropriate levels of assistance. Together, you will develop your vocational rehabilitation plan to help you return to work.