For additional information about workplace injuries, compensation claims, and the Workers’ Compensation system in British Columbia, please also review the following articles:

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• Workplace Injuries and Workers Compensation Claims
• Who is Covered by Workers’ Compensation Act in British Columbia?
• WorkSafeBC Claims Guide for Injured Workers

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Introduction

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In British Columbia, compensation for workplace injuries and occupational diseases is provided through a public insurance plan established by the Workers Compensation Act, R.S.B.C. 2019, c. 1 (WCA). The WCA creates a collective liability scheme whereby employers fund the system through payment of assessments based on an employer's payroll, the risk associated with their industry and the particular employer's claims experience rating. In exchange for funding the system, employers gain immunity from lawsuits for work-related personal injuries, mental disorders, deaths, or disablement from occupational diseases.

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Workers are entitled to benefits for workplace injuries and occupational diseases regardless of fault and without the necessity of court proceedings. In exchange for compensation that depends neither on fault nor the employer’s ability to pay, workers are barred from bringing legal actions against employers and other workers in respect of work-related injury or disease.

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The scheme is administered by an independent public agency established under the WCA and called the Workers’ Compensation Board (the “Board”). In British Columbia, the WCA also establishes a comprehensive health and safety regulatory regime. The Board has branded itself “WorkSafeBC” in keeping with its statutory health and safety mandate.

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In British Columbia, the Board has three primary mandates:

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• Regulation of occupational health and safety in the workplace (Part 2, WCA).

• Adjudication and payment of compensation for workplace injuries and occupational diseases (Part 4, WCA).

• Assessment and collection of sufficient funds from employers to support the system (Part 5, WCA).

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Can a worker be compensated for pain and suffering if they are injured at work?

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Workers' compensation benefits are prescribed by the WCA and provide less than full economic compensation. Unlike tort awards, there is no provision in the WCA to compensate for pain and suffering or other types of non-pecuniary losses. However, because workers' compensation benefits are paid without regard to fault, a worker’s benefits are not reduced by reason of any contributory negligence on the part of the worker as they would be under the tort system.

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Whereas the goal behind a tort award is to place the individual in the position he would have been in but for the tortfeasor’s negligence (i.e., to make the individual whole), the goal behind workers' compensation benefits is to compensate all workers fairly, regardless of fault, and to provide rehabilitation for a timely return to work.

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WorkSafeBC (the Board Level)

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First level decisions are made by various Board officers. For example, a case manager will make decisions respecting a worker’s wage loss, health care or rehabilitation benefits. An assessment officer will make decisions regarding an employer’s assessments.

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The Board (including the Board’s internal Review Division, which operates as a first level of appeal) has exclusive jurisdiction to inquire into, hear, and determine all matters and questions of fact and law arising in a workers’ compensation claim and the action or decision of the Board is final.

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The Review Division

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The Review Division is the internal review body of the Board. Its review officers may review and either confirm, cancel or vary most decisions respecting compensation, rehabilitation or assessments.

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Workers' Compensation Appeal Tribunal

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Most decisions made by the Review Division of the Board may be further appealed to an external and independent tribunal called the Workers’ Compensation Appeal Tribunal (WCAT). WCAT is the final decision maker in the workers' compensation system and its decisions are protected by a strongly worded privative clause. Any further recourse must be through judicial review in the courts (sections 293, 308 and 309, WCA).

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Note that some decisions cannot be appealed to WCAT. For example, decisions respecting rehabilitation issues cannot be appealed to WCAT and the Review Division decision is the final decision in the system and is subject to direct judicial review (section 288(2)(b), WCA).

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In British Columbia, the WCAT also has the exclusive jurisdiction to determine the status under the WCA of parties to a personal injury lawsuit and to certify that determination to the court. This is important since a worker cannot sue an employer or another worker in the Province of British Columbia. The parties and the court are bound by WCAT’s determination. The court then makes an order that gives effect to WCAT’s finding as to whether the WCA provides a bar to the action

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Note to Readers: The information in this article is not legal advice. If you are looking for legal advice in relation to a particular matter please contact our experienced Employment & Disability Group.

Have you heard about the upcoming changes to Canada's privacy laws? Bill C-27 is a piece of legislation which has been proposed, and is in the process of being considered by Parliament. You can read the Legislative Summary here.

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If this legislation passes, it will make significant changes to Canada's privacy landscape, and add and change organizations' obligations when it comes to handling personal information (of employees, customers and clients, as well as other parties).

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The legislation will also introduce a new privacy law tribunal, as well as measures related to artificial intelligence. The new laws will include new restrictions around collecting, using, and disclosing personal information, and impose transparency requirements in handling employees' data.

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Importantly, the new privacy legislation (the "Consumer Privacy Protection Act") will explicitly require that organizations implement and maintain a privacy management program that “includes the policies, practices and procedures the organization has put in place to fulfill its obligations under this Act”.

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Non-compliance can result in significant fines, and failure to protect your employees' privacy can damage your company's reputation, erode trust, and potentially carry civil liability.

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We can help you stay up-to-date with the latest privacy requirements and develop appropriate privacy and data policies. Contact us today to learn more about how we can assist you in navigating these changes.

When an individual or corporation has a received a notice of reassessment, this means that the CRA has gone back and reviewed your income tax returns, and have identified a problem, which may result in you paying additional taxes and penalties.

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The standard CRA reassessment period is three years from the date on your original Notice of Assessment. So, if you received your original Notice of Assessment on June 2017, the CRA has until June 2020 to see if there has been any errors in the filing of those returns. There are provisions of the Income Tax Act that allow the CRA to go back and reassess older years. This typically occurs when the CRA finds that an individual or corporation was negligent or untruthful in filing their returns.

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If you have received a Notice of Reassessment (NORA) there are important deadlines that you must be aware of. A taxpayer has 90 days to file a Notice of Objection with the CRA. If a taxpayer misses this deadline the taxpayer can make an application to apply for an extension of time to file the objection under the Income Tax Act. When applying for an extension, the taxpayer must send the extension application setting out the pertinent facts as to why the original 90-day deadline was missed, alongside a copy of the Notice of Objection.  Keep in mind that an extension is not always granted and must be made within 1 year after the expiration of the 90-day deadline. If the 15 month time period is missed completely, there is no opportunity to refute the Notice of Reassessment and the taxes owing must be paid.

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Once a Notice of Objection is filed with the CRA, it can take some time for an Appeal’s Officer (AO) to be assigned to your case. However, once an AO is assigned to your file, they will request for additional information and documentation to support your filing position. The AO will then review all the information, have discussions with the taxpayer or their legal representative and come to a conclusion. If an appeal is not successful at the objection stage, a notice of confirmation is sent to the Taxpayer. The Taxpayer has 90 days from the notice of confirmation to file an Appeal at the Tax Court. Once an Appeal is filed with the Tax Court, a taxpayers case will then be reviewed by a Justice Lawyer and ultimately a Judge if a conclusion cannot be reached.

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If you have received a Notice of Reassessment which you believe is incorrect, get in touch with our office today.
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Being denied long-term disability (LTD) benefits by your insurer can be a stressful experience. However, it can be even more challenging when employers use this decision to argue that you are capable of returning to work, despite you and/or your medical professionals' opinion. It's important to note that employees cannot be forced to work before they are medically able to do so. The decision of whether someone can return to work after an injury or illness is complex and involves considering both objective medical evidence (e.g., MRI results) and subjective evidence (e.g., pain or mental health issues).

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The question of whether someone is "totally disabled" under their LTD insurance policy also varies depending on their job duties and the wording of their policy. Even if someone is denied LTD benefits because they are not "totally disabled," they may still be suffering from a "disability" as defined by the BC Human Rights Code and be entitled to "reasonable accommodation" from their employer, which involves its own complex legal analysis.  

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If you find yourself in this situation, it's crucial to speak with an experienced employment and disability lawyer to determine the best course of action. This may involve filing a human rights complaint, wrongful dismissal claim, or LTD benefits claim. Seeking advice before taking any steps is essential since certain actions (e.g., refusing to provide necessary medical information or returning to work prematurely) can significantly impact the outcome of your case.

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Canada has seen a resurgence in unionization, which is being led by younger generations prioritizing greater dignity and respect, workplace safety, and living wages. Unions have adapted to modern times by utilizing digital platforms to organize and communicate with employees. The recent BC Labour Relations Board 2022 Annual Report reveals interesting statistics about activity in our province, which we review in more detail below. Unions in BC have been particularly successful in the health care, social services, and construction industries.

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After the NDP introduced numerous changes to the Labour Relations “Code” in 2019 to favour unions and then eliminated the secret ballot vote by passing Bill 10 in 2022, many of us assumed that union certifications would sky rocket as it had done in 1992.  So it was with great interest that we awaited the Labour Relations Board (“LRB”) 2022 Annual Report to see if the number of certifications and applications to vary certifications had jumped. Surprisingly, the number of certifications granted in the last seven months of 2022 under Bill 10 is not as high as expected, which perhaps reflects the current economic reality of British Columbia, where non-union employers are increasing wages and benefits to attract workers - but we anticipate that will change.

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Labour Relations Board 2022 Report

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On March 10 2023 the LRB issued its 2022 Annual Report.

The reporting system is unique and in order to fully understand the data one must actually read the Report.  However it discloses some interesting statistics:

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• There were 150 applications for certification for unorganized employers with 135 granted covering 4222 employees, and 20 dismissed covering 472 employees
• There were 20 applications for decertification with 17 granted covering 259 employees
• Not surprisingly the most certifications granted were in Health Care and Social Services followed by construction
• Almost 65% of applications granted were for employers with between 1—20 employees
• What is particularly troubling for employes is the fact that 50% of applications by unions for remedial  (i.e. automatic certification without regard to union support) under section 14(4.1) were granted.  Compare that to the previous 10 years where only 8 such applications out of 90 were granted.  This reflects the powerful amendments to section 14(4.1)

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What then is the scorecard for the success of Bill 10 in favour of unions?  In the 1st 5 months of 2022 (pre Bill 10) there were 58 applications for certification filed, and 43 granted.  In the last 7 months of 2022 under Bill 10 and absent a secret ballot vote, 114 applications were filed and 87 granted.

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Notwithstanding the number of applications and orders for certifications, the statistics are for me surprisingly low under Bill 10. My sense is that it reflects the economic reality of BC where the demand for labour is at the highest it has been  for a long time. This worker shortage has caused non union employers to increase wages and benefits in order to attract employees and ensuring they pay at or near union wages. Job security is not much of an issue today, therefore I believe it is harder in this current  environment for unions to organize—in many cases not much more they can offer employees especially since once unionized under a collective agreement all  employees will have to start paying unions dues that in some cases can exceed $100 per month. There is also the fact that the demographics of workers  and the nature of business has changed significantly from 1992. And of course the NDP has provided non union employees with significant benefits such as the 5 day paid sick leave that might otherwise have been negotiated by unions.

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But if the pundits are right we are heading into recessionary times when workers will become more concerned about job security.  As a result it may well be that the steps taken by the NDP under Bills 30 and 10 will bear fruit for unions in 2023.

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Are You Prepared?

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While Chris and I have been successful in advising clients to oppose union certifications despite Bill 10, the reality is if a union signs up more than 55% of employees in an appropriate bargaining unit there is very little the employer can do to defeat the application.  The issues at the certification hearing (held within 5 business days of the application) usually centre around whether the unit was appropriate and inclusions/exclusions.  Once certified a union has a significant control over the business and significant leverage in achieving a collective agreement.

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We continue to recommend taking steps to limit the potential of a union certification before they come knocking.  If an employer  is lucky enough to find out about a union organizing campaign before an application is filed with the Labour Relations Board, there are steps it can take to communicate with the employees as it might under the old system of a secret ballot vote although there are certain risks that any such communications entail.  Further understanding your organization’s structure in terms of a potential application for certification is important.  With only 5 days to respond to the application employers might want to consider a form of audit of your organization.

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If you are interested in attending a webinar or seminar in 2023 on this topic of unionization or having us assist in an audit of your organization’s operations, please let Chris or Mike know via email, or sign up to our Employment & Labour Newsletter here.

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Mike Weiler & Chris Drinovz

March 25, 2023

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Note to Readers: This is not legal advice. If you are looking for legal advice in relation to a particular matter please contact one of our group members. We communicate all these updates to our clients and readers on our Employer Resources Portal and through monthly Newsletters.

More and more Canadian businesses are being forced to handle internal investigations into complaints surrounding policy violation, including allegations of harassment, discrimination, or misconduct.  While these matters can quickly become an unwanted drain on internal resources, they require swift action, objectivity, sensitivity and knowledge of the law and procedure.  Should a workplace investigation lead to legal action, one must be armed with evidence of best-practice and a concise report that can be scrutinized by the judiciary.  This is where we come in…

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Here's a breakdown of the different phases of a workplace investigation and how an employment lawyer can help.

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Phase 1: Planning and Preparation

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The first phase of a workplace investigation involves planning and preparation. This includes identifying the scope of the investigation, determining who will conduct the investigation, and gathering relevant documents and information. An employment lawyer can help with this phase by providing guidance on the scope of the investigation, ensuring that it is legally compliant, and identifying potential legal risks.

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Phase 2: Investigation

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The second phase of a workplace investigation involves conducting interviews, gathering evidence, and analyzing the information collected. This can be a complex process, and an employment lawyer can help by conducting interviews on behalf of the company, analyzing the evidence collected, and providing legal advice on how to proceed.

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Phase 3: Report and Recommendations

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The third phase of a workplace investigation involves preparing a report and making recommendations based on the findings. An employment lawyer can help with this phase by preparing a detailed report that outlines the findings of the investigation, making recommendations for corrective action, and providing legal advice on how to proceed.

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Phase 4: Follow-Up

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The final phase of a workplace investigation involves follow-up and monitoring. This includes ensuring that corrective action is taken, monitoring compliance, and conducting follow-up investigations if necessary. An employment lawyer can help with this phase by providing ongoing legal advice, monitoring compliance, and conducting follow-up investigations if necessary.

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How Can We Help?

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Workplace investigations are a necessary part of running a company, but they can be complex and time-consuming. An employment lawyer as the outside investigator can help by providing guidance on the scope of the investigation, conducting interviews, analyzing evidence, preparing a report and recommendations, and providing ongoing privileged legal advice.

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Note to Readers: This is not legal advice. If you are looking for legal advice in relation to a particular matter please contact one of our group members. We communicate all these updates to our clients and readers on our Employer Resources Portal and through monthly Newsletters.

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We are thrilled to announce that KSW Lawyers and Chris Drinovz, have been ranked as a 5 Star Employment Law Firm and Lawyer in the 2023 edition of the "Best Employment Lawyers and Law Firms" in Canada list by HR Reporter. This year, a total of only 31 lawyers (from 26 prestigious firms) across Canada were recognized with this ranking, following a rigorous selection process.

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This prestigious recognition is a testament to the hard work and dedication of the KSW team and Chris Drinovz in providing exceptional legal services to their clients in the field of employment law. The 5-star rating is the highest honor given to law firms and lawyers by HR Reporter and is based on a rigorous 15 week long selection process that includes a survey of HR industry leaders and employment professionals, an assessment of the firm's track record, and peer review.

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To achieve this accolade, KSW Lawyers and Chris Drinovz demonstrated excellence in the following areas:

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• Quality of legal advice and representation
• Client service and responsiveness
• Expertise and experience in employment law
• Innovative solutions and strategies
• Thought leadership and contributions to the industry

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Leading Employment Law Lawyers

Chris Drinovz has been recognized as a 5 Star Employment Lawyer for his expertise in advising employers and HR professionals on a variety of issues. Canada’s HR leaders who took part in CHRR’s survey listed reasons for why they engage this year’s Best Employment Lawyers and Law Firms:  

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• “Workplace Investigations” 
• “COVID-related matters”  
• “Terminations/arbitration” 
• “Union grievances” 
• “Wrongful dismissal claims” 
• “Human rights/disability/accommodation issues” 
• “Development and interpretation of policies legislated by the Ontario government” 
• “Remote work arrangements”

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Leading Law Firm

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At KSW Lawyers, we are committed to providing our clients with the highest level of legal representation and personalized attention to help them achieve their goals. This recognition reinforces our commitment to excellence and inspires us to continue delivering exceptional results to our clients.

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We would like to thank Canadian HR Reporter for recognizing our hard work and dedication, and we look forward to continuing to serve our clients with distinction.

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If you are in need of legal assistance in the areas of employment or any other practice area, please do not hesitate to contact us.

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The new Underused Housing Tax (UHT) is an annual 1% property tax on the value of a residential property that is considered vacant or underused in Canada. It applies to residential property including detached houses, duplexes, triplexes, semi-detached houses and condos.

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The UHT applies to residential properties that are owned on or before December 31st of each calendar year and is applied retroactively to January 1, 2022. This means that owners will need to determine if they are required to file for the 2022 tax year.

Who Needs to file?

Every person who is identified as an owner of a residential property under the relevant land registration system, other than an excluded owner, now needs to file an Underused Housing Tax Return and Election Form annually.

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This includes but is not limited to:

• Children on title with parents for estate planning purposes
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• Parents on title with children as co-signors of a mortgage
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• Joint owners of residential rental property
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• Individuals who hold residential property in trust for other people or companies (including bare trusts, alter ego trusts, spousal trusts or joint partner trusts)
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• Anyone who has set up an Alter Ego Trust, Spousal Trusts or Joint Partner Trusts that has an interest in residential property
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• Any person who is the registered owner of residential property as a nominee of a bare trust
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• Individuals who are the owners of residential property in relation to a Joint Venture Agreement or partnership agreement in relation to residential property
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• Companies

How the UHT is calculated?

The UHT is calculated by taking 1% of the property’s specified value, multiplied by the ownership percentage. There are various exemptions available to property owners which can relieve them from having to pay the annual 1% tax.

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The intent of the UHT is to target vacant or underused houses in Canada, mainly those owned, directly or indirectly, by individuals who are not citizens or permanent residents of Canada.

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While most Canadian individuals are excluded from the UHT, there are situations where certain Canadian individuals have filing obligations. In order for a homeowner to be exempt, they have to be an excluded owner.

Who Is an Excluded Owner?

Excluded owners have no obligation to file under the UHT. A homeowner is an excluded owner if as of December 31st the owner is:

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• An individual that is a Canadian citizen or a permanent resident of Canada (except where the individual holds an interest in the property as a partner of a partnership or as a trustee of a trust).
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• A corporation incorporated under the laws of Canada or a province and the shares of which are listed on a Canadian stock exchange (Note- private corporations are not excluded owners)
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• A registered charity
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• A cooperative housing corporation
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• An Indigenous governing body or a corporation owned by an Indigenous governing body
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• A municipality or a corporation owned by a municipality
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• The government of Canada or an agent of the Canadian Government
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• The government of a province or an agent of the government of a province
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• Certain other public service bodies (e.g., universities, public colleges, school authorities, hospital authorities)

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If an owner is not an excluded owner, they are considered an affected owner under the wording of the UHT Act and have a UHT filing obligation and are subject to filing penalties.

Not Excluded Owners – Trustees and Partners

If an owner is a trustee of a trust (other than a trustee of a testamentary trust) or a partner of a partnership, those parties will be required to file under the Underused Housing Tax Act.

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If a bare trust agreement exists where the legal title holder of a property holds the title for the benefit of another individual (i.e. legal and beneficial title are different), this is considered a trust arrangement and the legal owner will have UHT filing obligations.

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Some examples of homeowners who are excluded owners are:

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• A Canadian citizen or permanent resident owns a rental property (100% legal and beneficial owner)
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• Non-resident for income tax purposes, but a Canadian citizen or permanent resident who holds 100% legal and beneficial title to a property

Some examples of homeowners who are affected owners are:

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• Two or more persons own a rental property. If a residential property is held as a rental property with a view of profit and sufficient activity to constitute a business, this could be considered a partnership
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• Any residential property held by a private corporation
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• Residential property held by a Trust
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• Residential property held in a corporation
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• Non-resident foreign individuals (not a Canadian citizen or a Canadian permanent resident) who owns residential property

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Please note that, for the above examples of owners who are affected owners, an obligation to file exists, however, exemptions from paying the UHT may still be available.

Exemptions from paying the Underused Housing Tax

If an owner is not an excluded owner, there is a UHT filing obligation. However, an exemption may still apply which would exempt the owner from paying any UHT. Broadly speaking, these exemptions can be categorized as noted below:

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• Based on the type of owner
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• Based on availability of the property
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• Occupancy of the property
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• Location and use of the property

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An owner only needs to qualify for one exemption to be exempt from paying UHT.

Underused Housing Tax Exemptions Based On the Type of Owner

The following exemptions are available under the UHT Act based on the type of owner:
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• New Ownership - The Owner acquired the property in the year and did not own that property at any time in the prior 9 calendar years.
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• Owner’s Death - The personal representative or other legal representative of a deceased individual is exempt for the calendar year in which the owner passed away and for the subsequent calendar year.
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• Another Owner’s Death - Where an owner with at least a 25% interest in the property dies, any other owner’s interest in the property is exempt for the calendar year in which the death occurred and for the subsequent calendar year.
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• Specified Canadian Corporations – Generally speaking, where an owner is a Canadian corporation that is owned or controlled by Canadian citizens or permanent residents will be exempt.
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• Specified Canadian Partnerships - Where all owners/members of the partnership are excluded owners, a specified Canadian corporation, or is a prescribed partnership.
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• Specified Canadian Trusts – An owner’s interest in a residential property is that of the trustee of a specified Canadian trust. A specific Canadian trust is a trust where every person with a beneficial interest in that trust is an excluded owner or a specified Canadian corporation or otherwise exempt.

Underused Housing Tax Exemptions Based on Availability of the Property

• A Newly Constructed Property - A residential property owner’s interest is exempt for a calendar year if the property was not substantially completed by April of that year.
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• Property Held by a Developer as Inventory for Sale - A residential property owner’s interest is exempt if the property is constructed in the first quarter of the year and is offered for sale to the public during the calendar year and the property had never been occupied by an individual as a place of residence of lodging during the calendar year.
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• Property not Suitable for Year-Round Use – The residential property is not suitable to be lived in year-round or seasonably inaccessible due to public access not being maintained year-round.
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• Uninhabitable Due to Disaster - Due to disaster or hazardous situations, the property cannot be inhabited for at least 60 consecutive days in the calendar year.
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• Uninhabitable Due to Major Renovation – An owner cannot live in the property for a consecutive 120 days due to ongoing major renovations. This exemption is only available once every 10 years.

Underused Housing Tax Exemptions Based on Occupancy of the Property

• Primary Place of Residence in Respect of an Individual - Primary place of residence for the year of the individual homeowner, their spouse or common-law partner, or their child attending a designated learning institution.
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• Qualifying Occupancy Test - Property occupied in periods of at least one month at a time, totaling at least 180 days in the year by a qualifying occupant. Qualifying occupant includes: 
• An arm’s length individual (to you and your spouse or common law partner) renting the property and there is a written  contract
• A non-arm’s length individual paying fair rent with a written contract
• The owner or their spouse or common-law partner who has a Canadian work permit
• The owner or their spouse or common-law partner, parent, or child who is a Canadian citizen or permanent resident

Underused Housing Tax Exemptions Based on Location & Use of the Property

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• Vacation property located in certain prescribed rural areas of Canada and used by an individual owner, their spouse or common-law partner for at least 28 days in the year.
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• Prescribed by regulation to be determined by Statistics Canada in the last census report as not being neither within a census metropolitan area nor within a specified census agglomeration and not within a population center.

Relevant Dates

The UHT form and election filing must be done for each relevant residential property for a calendar year, starting with December 31, 2022 by the following April 30th.

Underused Housing Tax Filing Penalties

CRA may assess and demand a penalty even if there is no UHT payable. If you fail to file your return by April 30th of the following calendar year, the penalty is calculated as the greater of the following:

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• $5,000 for individuals or $10,000 for corporations, and
• The total of:
• 5% of the UHT payable for the residential property for the calendar year, and 
• 3% of the UHT payable for the residential property for the calendar year multiplied by the number of complete months that the return is past due.

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Additional penalties apply if the homeowner fails to file by December 31st of the following year. In this case, CRA denies various exemptions from calculating the UHT, where the exemptions may actually be applicable if the filings were done by April 30th.

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All owners of residential property should contact their accountants or our office by emailing [email protected] as far in advance of April 30th of each year to obtain the necessary advice on whether they are required to file under the UHT Act and whether any UHT tax is a payable.

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This article is not legal advice. It is a summary of complex legislation that may or may not apply to you and your situation. If you are looking for legal advice in relation to the UHT tax a particular matter please contact one of our group members.

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Introduction

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Whether you are an employer or an employee, workplace injuries can have serious consequences. The WorkSafeBC process can be complicated, that’s where the experienced employment law team at KSW Lawyers comes in. With over 10 years of experience handling all types of WorkSafeBC cases, our team of lawyers and designated paralegal can help guide you through the claims and appeals process.

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We can help injured workers secure the compensation they deserve, by providing guidance and support throughout the entire claims process, including helping submit a claim, gathering expert medical evidence to support their case, and drafting written submissions on their behalf, and navigate the appeals process if their claim is denied.

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For employers, we can provide guidance on their obligations and responsibilities, assessing the merits of a worker claim, responding to WorkSafeBC requests, navigating the claims process, reviewing and implementing safety policies, and minimizing the impact of workplace injuries on their business.

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In this article we provide some basic information about the compensation claim system, as well as services our team can provide. For additional information about workplace injuries, compensation claims, and the Workers’ Compensation system in British Columbia, please also review the following articles:

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• Overview of Workers’ Compensation in British Columbia
• Who is Covered by Workers’ Compensation Act in British Columbia?
• WorkSafeBC Claims Guide for Injured Workers

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What Happens When a Worker Gets Injured at Work

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When a worker sustains an injury or develops a medical condition that arises out of and in the course of their employment, both the worker and their employer have an obligation to report the incident to WorkSafeBC. If the worker submits a claim for compensation, WorkSafeBC begins the process of assessing the claim to determine if, and how, the worker will be compensated.

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Workplace injuries can have serious consequences for one’s health and career. Fortunately, BC’s Workers’ Compensation Act offers many protections and benefits to injured workers, including wage loss and health care benefits, vocational rehabilitation assistance, permanent partial disability awards for workers that have suffered a permanent injury, and more.

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In many cases, WorkSafeBC claims are straightforward and short lived. However, when a worker’s injury or medical condition is serious, long-lasting, or contested, the claim can become more difficult to navigate. This is especially the case when a workplace accident results in multiple injuries and/or medical conditions, and in particular psychological conditions, as all injuries and conditions are adjudicated on the claim.

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Disputing a WorkSafeBC Decision

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Both the worker and their employer have a right to dispute any decision made by WorkSafeBC by way of appeal to WorkSafeBC’s Review Division as well as the Workers’ Compensation Appeal Tribunal (WCAT).  The appeals process can be long and arduous. Moreover, a person unfamiliar with the tribunal system may find the process to be quite frustrating. If a worker disagrees with a Board decision, they can ask the Review Division to review it.  They have 90 calendar days to file a Request for Review.  If the worker disagrees with a Review Division decision, they can further file a notice of appeal to the Workers’ Compensation Appeal Tribunal (WCAT) within 30 days of the Review Division decision date.  

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It is important to note that not all matters decided by the Review Division are appealable to WCAT.  

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What happens when a worker is out of time to file a Request for Review or WCAT appeal? In rare and exceptional cases the Review Division or WCAT allow a late application to proceed.  Our KSW Lawyers Employment Group has been successful in late applications. Read more about the Claims process and our Client Wins in our article here.

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Having a legal representative assist with claim management and/or a review and appeal of a decision is an asset. KSW Lawyers has a specialized team of lawyers and a designated paralegal with extensive experience handling all types of WorkSafeBC cases (assisting both workers and employers). Appealing a decision is a time-sensitive and complicated process requiring an intimate familiarity with the rules, policies, and assessment programs. We have won reviews, appeals and judicial reviews for our clients over the last 10 years.

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WorkSafeBC Claim Management for Workers - Let KSW Do the Heavy Lifting

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When an injured worker retains our services for claim management, we conduct a thorough examination of the claim disclosure to ensure that the claim has been appropriately handled to-date and to provide our professional opinion in relation to whether any adjudications or appeals are warranted.

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If so, we prepare comprehensive written submissions to the appropriate level (i.e. Board-level, Review Division, or Workers’ Compensation Appeal Tribunal) outlining the arguments for the adjudication or appeal, relying on the applicable legislation and policies, medical records, and any other relevant documentation. We work closely with physicians and other treatment providers to collect the necessary clinical records or medical reports needed to proceed with these matters.

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Navigating the intricacies of a complicated WorkSafeBC claim can be grueling at the best of times, and when a worker is injured or suffering from a disabling medical condition, the last thing they need to be dealing with is paperwork. We are dedicated to helping resolve WorkSafeBC claim issues in the most efficient manner as possible, so that workers and employers can move on.  

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Please see our WorkSafeBC Claims Guide for Injured Workers for our most commonly asked questions about WorkSafeBC claims. If you require further assistance or do not see your question, please do not hesitate to reach out to our team by either calling 604-591-7321 or by filling out our online submission form here.

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WorkSafeBC Claim Management for Employers – KSW Is Here to Help

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As an employer, dealing with a workplace injury can be a challenging and stressful experience. At KSW Lawyers, we understand the importance of minimizing the impact of workplace injuries on your business. Here are some ways that our experienced employment law team can help employers:

• Assessing and responding to claims: Our team can help you assess the validity of a claim, and provide guidance on how to respond appropriately. We can also help you gather evidence to support your position, and negotiate with WorkSafeBC on your behalf.
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• Reviewing and updating policies: We can review your workplace safety policies and practices to ensure they are up-to-date and in compliance with WorkSafeBC regulations. We can also help you develop new policies to address specific workplace hazards or risks.
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• Representing you at hearings: If a claim is appealed to the Workers Compensation Appeal Tribunal, our team can represent you at the hearing. We can prepare and present evidence on your behalf, cross-examine witnesses, and make legal arguments to support your position.
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• Providing training: We can provide training to your staff on workplace safety best practices, including how to identify and report hazards, how to prevent workplace injuries, and how to respond to workplace incidents.
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• Advising on return-to-work programs: We can help you develop return-to-work programs for injured employees, which can help reduce the costs and impact of workplace injuries on your business.

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At KSW Lawyers, we understand the importance of resolving WorkSafeBC claims efficiently and effectively. With a proven track record of success, having won reviews, appeals, and judicial reviews for our clients over the past decade, our experienced team can provide legal assistance to help you manage the claims process and protect your business.

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Note to Readers: The information in this article is not legal advice. If you are looking for legal advice in relation to a particular matter please contact our experienced Employment & Disability Group.