According to the Association of Workers’ Compensation Boards of Canada, there were a total of 277,217 WCB claims (lost time claims) made for the year 2021. Under the same year, the healthcare industry topped the list for the claims made according to industry, with traumatic injuries and disorders as the most common reason for such claims.
This only shows that while work-related injuries and illnesses are preventable, it does not mean that an accident or illness will not happen or occur in your own workplace. When these unfortunate things happen, knowing how to file your WCB claim would be helpful.
How does WCB work in Canada?
Workers’ compensation in Canada was established by the different federal, provincial, and territorial laws. These laws outlined the benefits that you’re entitled to if you get injured or contract a disease from work.
It has also established the different Workers’ Compensation Boards (WCB) of each province and territory that administer the services regarding your claims for benefits.
Some examples of these WCBs are:
- Ontario: WSIB
- Québec: CNESST
- British Columbia: WorkSafeBC
- Alberta: WCB Alberta
- Saskatchewan: WCB Saskatchewan
Common benefits offered by these WCBs to injured or ill employees include:
- Wage replacement
- Health care and rehabilitation
- Long-term disability benefits
- Retirement income
- Return-to-work services
Watch this video from WCB Alberta to know more return-to-work services that these WCBs offer:
WCBs were created under the Workers’ Compensation Act – our article goes over the basics of this groundbreaking law.
How do I file or start a WCB claim?
Filing or starting a claim for workers’ compensation involves reporting the incident to file a claim with your WCB.
You and your employer must consider filing your WCB claim on time.
Report the injury or illness to file a WCB claim
There are at least three levels of reporting which must be made when claiming for a work-related injury or occupational disease. These levels involve the employee, the employer, and the healthcare provider.
Learn more about what is an occupational disease, what the laws on occupational disease are, and how to prove such illness or disease.
Employee
As an employee or a worker, it is your responsibility to report to your employer, supervisor, or to your workplace health committee if you contracted an occupational disease or if you were injured at work.
WCB guidelines state that it must be done immediately, so that you can be given first aid and be treated medically as needed.
If you’ve reported to your WCB ahead of your employer, your WCB will typically confirm such incident or illness with your employer.
Employer
Your employer is then required by law to report such disease or accident to the WCB. It may be at the onset of an occupational disease, or right after a workplace accident or injury happened.
Your WCB requires that the employer report to them within 72 hours. In some cases, especially where there’s fatality involved or where the workplace accident is severe, it must be reported to the WCB within 24 hours or as soon as possible.
Healthcare provider
Upon medical treatment, your healthcare provider must send their physician’s report to your WCB, which will be used to assess your claim for benefits.
They will also provide you, your employer, and your WCB with the appropriate medical recovery or rehabilitation plan in line with your return-to-work plan.
Filing a claim may be done online, by mail, or through telephone. For instance, reporting to Ontario’s WSIB may be done through any of the following:
- Signing up and reporting via WSIB’s online services; or
- Filling out an Employer’s Report or a Worker’s Report of Injury/Disease and mailing it to WSIB
After filing the WCB claim
Your responsibility as an employee does not end after filing your WCB claim. Some of your continued responsibilities include:
- Keeping in contact with your employer and your WCB on the progress of your recovery, and updating them of any changes to your treatment plan
- Attending all your medical appointments and following the medical treatment or rehabilitation plan set up by your physician
- Cooperating with your employer and your WCB on the return-to-work plan to be carried out after your recovery
Time limit in filing or starting a WCB claim
When you’re filing a claim for workers’ compensation, it must be filed with your WCB on or before its time limit.
For example, according to WCB Alberta, the timeline is 24 months from when the accident/injury happened or when they became aware of the accident/injury.
Exception to the time limit
Claims submitted beyond the time limit set by your WCB will be assessed on a case-by-case basis. This means that you would have to present the factual circumstances which caused the delay in your filing.
As a rule, claims submitted after the time limit will be allowed only for reasonable or justifiable grounds. It usually depends on the nature of the accident, injury, or illness that the WCB claim is based upon.
Some examples of these reasonable or justifiable grounds are:
- When there is a large time gap between your exposure to a hazardous substance and the onset of symptoms caused by an occupational disease.
- When there was negligence on the part of your employer or your physician in reporting to the WCB the work-related injury or disease.
- When you’re medically incapable or incapacitated to report to the WCB, or to make a claim with your WCB.
Want to know more about your options in filing a WCB claim? Contact any of the Lexpert-Ranked best workers compensation lawyers in Canada.