FREQUENTLY ASKED QUESTIONS (FAQ)
Over the years, thousands of people, both workers and lawyers, have called about WCB issues. A common set of questions has emerged, and my answers are summarized below. Please read this page before you call, and you may have the answer to your questions immediately. Otherwise, please feel free to call or send an e-mail from the Contact page.
Each year, WCB sets a minimum and a maximum wage rate. You can check WCB’s website for the rates that affect you or ask your Case Manager.
WCB generally calculates wage-loss benefits based on your pre-injury earnings, subject to the applicable minimum and maximum wage rates. If your average earnings are below the minimum wage rate, WCB pays your actual average earnings. If your earnings are above the maximum wage rate, WCB will not pay wage-loss benefits on the portion of your earnings that exceed the maximum. This can cause significant financial hardship for higher-income workers, especially where overtime, shift premiums, bonuses, second-job income, or union wage increases are not properly considered.
If you believe WCB has not included all of your earnings, you should first ask for the written wage-rate decision and review how WCB calculated your average earnings. Do not assume the calculation is correct. Wage-rate decisions often depend on the information WCB has received, and missing records can result in an artificially low wage rate.
Workers should gather and keep copies of any documents that show what they were earning before the injury, including:
– the WCB wage-rate decision;
– pay stubs from before and after the injury;
– T4 slips;
– Records of Employment;
– overtime records;
– union rate sheets or collective agreement wage schedules;
– records of second-job or self-employment earnings;
– the pre-injury work schedule, including regular hours, overtime patterns, shift premiums, and expected upcoming work.
This information can help show whether WCB used the correct earnings period, whether overtime or other regular earnings were missed, whether the worker had more than one source of income, and whether the wage rate reflects what the worker was actually earning before the injury.
Workers who earn above the maximum wage rate can lose a significant amount of income because WCB will not pay benefits on earnings above the statutory maximum. Workers in this position may wish to consider private disability insurance or other income protection to cover earnings that exceed WCB’s maximum compensable wage rate. Many workers, including unionized workers, are not aware of this issue until after they are injured.
In most cases, no. If you were injured in a workplace accident, your remedy is usually through the WCB system, not a lawsuit. This is sometimes called the worker-worker bar, the statutory bar, or part of the historic compromise.
The basic idea is this: workers gave up the right to sue most workplace parties in exchange for access to no-fault workers’ compensation benefits. That means you do not need to prove your employer or another worker was negligent to receive WCB benefits. But in exchange, you usually cannot sue your employer, another covered employer, or another worker for a workplace injury.
This bar can apply even if the accident was caused by another worker, another company on the same jobsite, a subcontractor, or someone else who was working at the time. It can also apply where the injury happens during treatment, rehabilitation, or other activities connected to the accepted workplace injury, depending on the status of the parties and whether the conduct arose out of and in the course of employment.
In practical terms, if both sides were connected to work at the time of the accident, the court action will usually be barred, and your focus should be on maximizing your WCB benefits. This may include wage-loss benefits, health care benefits, vocational rehabilitation, permanent disability benefits, chronic pain entitlement, psychological consequences, secondary injuries, and loss-of-earnings pension entitlement.
For that reason, it is only in rare and exceptional cases that a lawsuit against WCB could even be considered. See, for example, Powell Estate v. Workers’ Compensation Board.. The Court of Appeal also confirmed the bar against suing WorkSafeBC in Gill v. WorkSafeBC, 2017 BCCA 239.
Where there is a workplace nexus, there is always the possibility that a defendant (usually ICBC) will raise the “worker-worker bar” at some point in the litigation. Courts have agreed to adjourn a trial even after a jury trial, before judgment (see
Davidson v. British Columbia (Workers’ Compensation Board)), on the grounds that WCAT has exclusive jurisdiction to decide the status of the parties in litigation.
There is no time limit for an application for a section 311 Certification. This can cause two problems: the obvious one of delay (and related expense), and the less obvious one that the plaintiff may be barred from claiming compensation from WCB if they did not file an application within one year of the date of injury (usually the motor vehicle accident).
In all cases, the safe course of action is to file a “provisional” application with WCB no later than one year after the accident, and have the plaintiff elect to pursue a remedy in court rather than claim WCB benefits. Should WCAT eventually determine that the worker-worker bar applies, the plaintiff will have a valid WCB claim and can collect benefits regardless of fault or the delays caused by litigation.
Yes. You should file your application for benefits [WCB: Form 6] as soon as practicable, and likewise report your injury to your employer, but the ultimate time limit is one year from the date of injury, or from the date of disablement [time off work or undergoing treatment] as a result of an occupational disease.
DO NOT use the “Teleclaim”; i.e. do not telephone WCB to tell them about your injury – ALWAYS use the hard copy Form 6 that you yourself fill out, date and sign, and keep a copy. There are many reasons for this, including the fact that the person you call is often someone in a foreign country who may or may not be fluent in English (or French), and is anonymous, and note that WCB has NO RECORD of the phone call.
Note: the April 2020 amendments enable decisions communicated to workers (or employers or dependants) in ways other than a written letter, so long as the person affected is made aware of the decision. This can lead to confusion and missed deadlines, and places an unfair burden on the parties to vigilantly keep track of the claim file and consider appealing every communication, even when there is no clear statement about the appeal periods or the reasons for the decision.
You have 90 days from the date of WCB’s letter (plus 5 days for mailing time) to appeal by filing a Request for Review at the Review Division. WCB’s letter should enclose a leaflet with information about the appeal system, and a list of the Workers’ and Employers’ Advisors offices in the Province. If you are late, you can apply ASAP [time is a critical factor] to the Review Division for an extension of time, which is not easy to get.
Review Division re-considerations are limited, especially in light of recent case law. You will probably have to appeal to WCAT anyway.
Some final decisions by the Review Division are subject to Judicial Review, such as commutation and vocational rehabilitation decisions. While there is no strict time limit for filing a Petition to the Court, it is best to file it as soon as possible, and in any event within a few months or a year of the date of the Review Division’s decision.
You have 30 days from the date of a Review Division’s decision (plus 7 days for mailing) to file a Notice of Appeal from Review Division at WCAT [except certain issues like Vocational Rehabilitation and commutations of pensions]. If you are late, you can apply ASAP to WCAT for an extension of time [time is a critical factor], which is not easy to get.
You have 60 days from the date of a WCAT final decision to file a Petition to the Court for Judicial Review in Supreme Court. It is possible to apply for an extension of time in Chambers, but it is safer to file on time.
You can also apply to WCAT for a re-consideration of a final decision, for which there is no time limit, but which you can do only once. The grounds are narrow, and recent case law has further restricted WCAT’s ability to do so. See Selected Court Decisions. The strongest ground is the discovery of new medical evidence that was not reasonably available at the time of WCAT’s decision. You can also file a Petition within 60 days of the re-consideration decision. It is possible to apply for an extension of time, but it is safer to file on time.
You can also apply to WCAT for a re-opening of a final decision, for which there is no time limit, on “pure” jurisdiction grounds, which are narrow. This is different from a re-consideration and is limited in scope to the alleged jurisdictional defect, such as unfairness of process, not applying a statutory provision, not considering evidence, or exceeding or failing to exercise jurisdiction. You can also file a Petition within 60 days of the re-opening decision. It is possible to apply for an extension of time, but it is safer to file on time.
Note: WCAT’s policies conflate re-considerations with re-opening, and result in confusing terminology to the extent that they continue to refer to re-openings as though they are re-considerations. Re-considerations are time limited (75 days), but re-openings have no time limit. Re-openings challenge the “original” decision on the basis of jurisdictional errors in the original decision, and seek a change in the original decision. Board policies also conflate these two distinctly different remedies.
It is difficult to answer this without knowing the circumstances of your case. Every case is different. However, workers commonly report that WCB is forcing them back to work too soon, threatening to suspend or terminate benefits if they do not participate in a return-to-work plan, rehabilitation program, or retraining plan, or requiring them to attend treatment that their doctor does not support.
Workers also sometimes suffer a further injury or worsening of symptoms while participating in a WCB-directed return-to-work plan, graduated return-to-work program, physiotherapy program, work conditioning program, or vocational rehabilitation plan.
If this happens, act quickly and keep everything in writing.
Urgent action checklist:
If WCB is pushing you to return to work, participate in rehabilitation, or attend a program you believe is unsafe, follow your doctor’s advice, but protect yourself.
However, be aware that WCB may still suspend or terminate your benefits if it believes you are not cooperating with the plan.
If WCB sends a letter suspending, reducing, or terminating your benefits, appeal it. Do not assume the issue can be fixed later just because your claim is still open.
If you need the money and feel you have no choice but to participate in WCB’s plan, document everything. If your symptoms worsen or you suffer a further injury, report it immediately to your doctor, WCB, and your employer in writing.
Yes. It is your money, and keeping the money will not affect your right to appeal or to get further benefits. The letter should tell you this. Also be aware that delaying cashing the cheque does not delay your appeal deadline.
You should be aware that there is no “settlement,” because WCB acts unilaterally and issues decisions without your input – there is no negotiation. What you get is a pension award. If you disagree with it, you should appeal. For more information, please check out our “Awards” section.
Many, if not most, pensions are flat 2.5% “chronic pain” awards. This is akin to a “scheduled” award, like the scale of percentages assigned for various impairments in Appendix 4 of the Rehabilitation Services and Claims Manual.
These percentages can be confusing because they do not operate like damages in a court case.
A pension or permanent disability award generally represents:
– WCB’s estimate of the effect your permanent compensable condition may have on your future ability to earn income;
compensation for potential future wage loss or “down time” caused by the accepted injury;
– a percentage-based assessment of permanent impairment or loss of earning capacity; and
– present compensation for the long-term consequences of the accepted condition.
It does not represent:
– payment for pain and suffering in the way a court might award non-pecuniary damages;
– compensation for the pain itself;
– an admission that WCB will automatically pay wage-loss benefits again in the future; or
– a guarantee that WCB will re-open the claim if symptoms continue at the same level.
Once WCB has made a final pension or permanent disability decision, WCB will usually require evidence of a significant change in the compensable or pensionable condition before it will re-open the earlier decision and pay further wage-loss benefits. It is not enough to show that the worker still has pain or limitations, the accepted condition must have materially worsened, deteriorated, or changed in a way that affects entitlement to further benefits.
Health care is different. Even where wage-loss benefits are not re-opened, health care benefits may continue or may be requested if treatment is reasonably necessary for the accepted compensable condition. Workers should ask WCB to confirm, in writing, whether treatment remains accepted and whether any requested treatment, medication, therapy, or assessment will be covered.
See above, under Are there any time limits?
Almost never for legal fees, and seldom for court costs. The Act and WCB/WCAT policies make it nearly impossible to recover costs against WCB or WCAT, with awards determined by court tariffs designed to compensate only a portion of actual legal fees. There are a few cases where courts have awarded partial costs in WCB/WCAT-related judicial review proceedings, but these cases are exceptions. They should not be read as meaning that a successful worker will normally recover their legal fees.
One such exception is J.T. v. British Columbia (Workers’ Compensation Appeal Tribunal), 2025 BCSC 246, where the Court ordered WCAT to pay costs because the appeal process was procedurally unfair. WCAT had moved ahead despite problems with the evidence and despite knowing the worker had not received important information. The case does not mean legal fees are available in every successful appeal. It means costs may be possible where the unfairness is serious, caused by the tribunal’s own process, and goes beyond a normal mistake or disagreement about the evidence.
There have also been a few exceptions for partial cost awards: Bagri v. Workers’ Compensation Appeal Tribunal, 2009 BCSC 300, Downs v. WCAT, 2013 BCCA 13, and Whetung v. WCB & WCAT, 2013 BCCA 350.
If WCB is not responding, is giving unclear answers, or is taking too long to implement a decision you won, it is usually best to escalate the issue in stages. Keep a written record of every step you take, including dates, names, emails, portal messages, and notes of telephone calls.
We recommend going through these steps of Escalation:
Case Manager or WCB contact person: Start by asking the person handling the claim for a clear update. Identify the specific issue, the decision or benefit involved, what you are asking WCB to do, and any deadline that applies. Ask for a written response.
Issue Resolution Office: If the manager does not resolve the problem, contact the WorkSafeBC Issue Resolution Office. The Issue Resolution Office provides impartial assistance for complaints about unfairness in WorkSafeBC practice or service. It can look into issues such as poor communication, delay, failure to respond, lack of reasons, inconsistent information, or unfair treatment. It is not a substitute for an appeal and usually will not change an actual entitlement decision. WorkSafeBC says complaints should first be raised with the appropriate manager, and the Issue Resolution Office generally investigates complaints about specific interactions with WorkSafeBC.
Fair Practices Commissioner: If the Issue Resolution Office does not satisfactorily resolve the complaint, the Fair Practices Commissioner may provide a second level of independent review. This is generally for fairness or service complaints, not for replacing the Review Division or WCAT appeal process. WorkSafeBC describes the Fair Practices Commissioner as a second-level review where a complaint by a worker, employer, or dependant has not been satisfactorily resolved by the Issue Resolution Office.
Review or appeal: If WCB has made an actual decision about entitlement — for example, denying benefits, ending wage loss, refusing treatment, refusing to implement an appeal decision, refusing vocational services, or deciding the amount of a pension — the safest course is usually to request a written decision with reasons and file a review or appeal before the deadline. Do not rely only on a complaint process if there is an appealable decision. Complaints may help address delay, communication, or unfair process, but they do not usually protect appeal deadlines.
When escalating, be specific. Instead of saying “WCB is ignoring me,” identify the exact decision, payment, treatment request, disclosure request, or implementation step that is outstanding. Ask WCB to confirm, in writing:
– what step remains outstanding;
– who is responsible for completing it;
– what information, if any, is still needed;
– when WCB expects to complete it;
– whether WCB has made a decision; and
– if a decision has been made, what the reasons and appeal deadline are.
As a practical rule, use the complaint process for delay, poor communication, unfairness, or lack of service. Use the review or appeal process for actual decisions about entitlement
The Workers’ Advisors and your Union will represent you without fee; lawyers will charge fees and PST and GST, as well as disbursements. You should take this into account when assessing how much you can get from WCB if you win your appeal – it may not be financially beneficial for you to pay legal fees for the result that you may achieve.
Workers’ Advisors and most Unions will not go to court or apply to WCAT for re-considerations or re-openings. You should check with them in case they might. Otherwise, you should hire a lawyer or another qualified and experienced WCB representative.
As with any service, do your due diligence before you satisfy yourself about her/his knowledge and experience with WCB cases. If you are satisfied, it is your choice whether to hire a lawyer or take advantage of a free service or use a non-lawyer representative.
It makes no difference whether your claim file is open or closed. The only thing that matters in a WCB claim is a decision. A decision is neither open nor closed – it is final and binding on you, your dependants, WCB, and the employer, unless overturned on appeal, re-consideration, or re-opening, in which case the most recent decision becomes final and binding.
This can lead to a claim being split across multiple tracks, with WCB issuing new decisions on some matters while an earlier decision is still under appeal. Every decision at every level functions like a court judgment after trial – WCB, the Review Division, and WCAT are all “courts of competent jurisdiction” within their mandate under the Act.
If you suffer a recurrence or aggravation of your injury, or a deterioration of your compensable condition, ask WCB to re-open the previous pension decision or the decision that terminated your benefits, and put you back on wage loss and health care benefits. WCB may also need to re-assess your entitlement to vocational services, benefits, and pension.
If you suffer a new injury or are injured while working for a new employer, you must file a new application [Form 6].
See “Can I Sue WCB / Employer / Doctor?” above.
Unfortunately, it is not possible to offer comprehensive advice about your claim before reviewing the entire WCB claim file. A claim file contains a great deal of important information – decisions, assessments, medical and vocational opinions, appeal decisions, and more. It is necessary to know everything WCB knows before offering a legal opinion with confidence.