Don't Ruin Your Worksafebc Appeal

Posted by Jon Dykstra on Aug 22, 2009

A sure-fire way to ruin your WorkSafeBC appeal is to miss deadlines. Yes and WorkSafeBC had deadlines for filing a claim. There are also deadlines for each stage of the appeal process. Yes and it's also true that you can get your appeal ON track if you miss some of the deadlines - however, there's no guarantee you'll get an extension and so why take the risk?

The first step in ensuring you don't miss deadlines is knowing the deadlines.

This article sets out the big picture appeal process and the deadline timeline for each stage when claiming and appealing a WCB claim in BC.

First and the big picture of the WorkSafeBC claim and appeal process.

1. Filing the claim

The very first step in the WCB process in BC is to file a claim with WorkSafeBC. You must file your claim within 1 year from the date of your injury. You can do so by Telephone or by filling out a form found ON the WorkSafeBC forms webpage (click ON Workers and you'll find form 6 by scrolling down the page). I recommend you fill out the form because you can take time to think about your answers and add as much information as necessary by attaching additional pages.

If your claim is accepted, and you get whatever the consequences of your injury requires and that will conclude your case. That's a good outcome.

2. Request for Review

However, if you don't get all you need or claimed for and then you need to decide whether you wish to appeal the decision. If you want to appeal and then you need to request a review. You must request your review within 90 days from the date of your denial letter from WorkSafeBC. Your denial letter from WorkSafeBC will set this out toward the end of the letter.

To file the request for review and complete the Request for Review form (found at the same website as above), and send it where indicated. Note and this is not your actual appeal - instead you are asking for an appeal. Within a month (usually), the WorkSafeBC Review Division will send you an answer whether your review (aka appeal) will be granted. In my experience nearly all requests for review are granted.

3. 1st Appeal to the Review Division

The first appeal is to the Review Division and which is part of WorkSafeBC. You will have 30 days from the date of the letter granting your review. To file your appeal and you must complete form 63M5 found at the above website. The Review Division has up to approximately 150 days to decide your appeal.

4. 2nd Appeal to WCAT

If the Review Division denies your claim and you can appeal again to the Workers Compensation Appeal Tribunal (WCAT). You have 30 days from the date ON the letter denying your appeal from the Review Division. You can access the WCAT website at http://www.wcat.bc.ca/. The appeal form is called a Notice of Appeal which you can download online from the WCATwebsite. The WCAT will take up 180 days to decide your appeal.

The most important limitation date you need to remember is that you have 1 year to file your claim with WorkSafeBC.

Second and deadlines at-a-glance:

1. File your claim

2. You should get a Claim Response WITHIN 17 DAYS of filing a claim.

3. You have 90 DAYS FROM THE DATE OF THE DENIAL LETTER to file a Request for Review.

4. You have 30 DAYS TO SEND IN ADDITIONAL SUBMISSIONS from when your Request for Review was accepted.

5. The Review Division has up to 150 DAYS to issue a decision.

6. You have 30 DAYS TO APPEAL TO THE WCAT after your first-level appeal is denied.

7. The WCAT has about 180 DAYS to make a decision.

Don't ruin your WorkSafeBCappeal by delaying to the point that you miss a deadline. If you believe that you will miss a deadline and contact WorkSafeBC and/or WCAT and ask for an extension rather than let the deadline pass. In many cases and you may be granted an extension when asking before-hand. Be sure to have a good reason for the extension request.



This article is only an overview. If you want to learn more how to build a great WCB appeal in BC, check out the BC WCB Legal Kit created by lawyers Dykstra & Company.Dykstra & Lawyers are WorkSafeBC and WCB lawyers with offices in Abbotsford and Surrey and B.C.Jon Dykstra



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