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WorkSafeBC

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Claim review and appeal for employers

When a worker files a compensation claim, a WorkSafeBC staff member decides whether to allow the claim. There are numerous other decisions made on the claim, such as the rate at which benefits will be paid or the duration of benefits. The decisions are based on the evidence, the application of the Workers Compensation Act, and WorkSafeBC policy. As the employer, you are notified of most decisions affecting the claim.

If your worker is on compensation and you have not received a decision letter, you can request a letter to explain the claim. The cost of the claim can affect your premiums and those of others in your industry.

If you disagree with the WorkSafeBC decision, you can have it reviewed by the Review Division. If you disagree with the Review Division decision, you can appeal it.

The Claims Review and Appeal Guide for Employer (PDF 80kb) provides detailed information on how employers with claims concerns can request a review and file an appeal. Employers' Advisers are also available to assist and advise you on your claim.

New requests for review and/or appeal

  • The Review Division is the first level of review for most worker and employer issues.
    • On request, the Review Division provides impartial review of decisions made under the Workers Compensation Act, including claims.
    • For claims, only those directly affected by the decision — that is, a worker, a deceased worker's dependant, or an employer — can request a review.
    • If you wish to have the decision on your worker's claim reviewed by the Review Division, you must make a request within 90 days of the date of the decision. To make a request, submit a Request for Review (PDF 91kb) form.
    • The Review Division will generally make a decision within 150 days.

  • The Workers' Compensation Appeal Tribunal (WCAT) serves as the final level of appeal for WorkSafeBC matters that it is authorized to hear and decide.
    • In claims matters, only the parties affected by a Review Division decision — that is, a worker, including an independent operator, a deceased worker's dependant, or an employer — can appeal to WCAT.
    • If you have a decision from the Review Division and you wish to appeal to WCAT, you have 30 days from the date of the review decision to appeal.
    • WCAT will generally make its decision within 180 days.

Previous appeal bodies

 

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