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Filing a WorkSafeBC Application – How to be in the Driver’s Seat

If you’re hurt at work in BC, I can’t overstate the importance of putting together a quality WorkSafeBC application in the first place.  Yes, for most issues you have two opportunities to appeal any WorkSafeBC claim decision you aren’t happy with, but then you have to wait a long time for your WorkSafeBC benefits and compensation – and that’s assuming you win your appeal.

The fact is that a claim decision maker must consider all relevant facts in your case.  This means WorkSafeBC can’t pick and choose the facts it relies on in order to arrive at a particular decision.  Specifically, Policy Item #2.20 in the Rehabilitation Services Claim Manual (RSCM), Vol. II states:

In making decisions, the Board (i.e. WorkSafeBC) must take into consideration;

  1. the relevant provision or provisions of the Workers Compensation Act;
  2. the relevant policy or policies in this Manual (i.e. RSCM Vol. II); and
  3. all facts and circumstances relevant to the case.

This mandate upon WorkSafeBC puts you in the driver’s seat of your WorkSafeBC claim.  How?  You have the opportunity to submit as much evidence as you can get to support your claim and WorkSafeBC must consider that evidence and facts that evidence supports.

The key is that you must get your evidence to WorkSafeBC as soon as you can – before they make a decision.  If you need more time because you’re gathering evidence, then tell the person who is on your claim you need more time before a decision is made.  Yes, this can delay a decision and any benefits and compensation you’ll receive, but believe me, it’s much better to work towards getting your initial claim accepted than having it denied and then having to go through the appeal process.

You need to keep in mind that an accepted claim may be more to you than simply lost wages and/or treatment (i.e. physiotherapy etc.).  If your injury turns out to be permanent in any way, you may be entitled to a permanent partial (or total) disability pension.  You may also receive vocational rehabilitation.  These two benefits flowing from an accepted WorkSafeBC claim may be very valuable to you.

Now you may have the following questions:

  1. What kind of evidence?
  2. Where to get evidence?
  3. When to submit evidence to WorkSafeBC?
  4. How to properly file an initial WorkSafeBC claim in order to get your additional evidence submitted?

You can get the answers to these questions in the BC Workers’ Compensation Legal Kit where many pages are devoted to explaining the entire evidence part of WorkSafeBC claims and appeals.  In fact, the BC Workers’ Compensation Legal Kit’s focus is on filing evidence-based claims and appeals.