Workers’ compensation
Getting hurt or ill on the job not only impacts your health, but can leave you without a source of income. That’s where British Columbia’s workers’ compensation program comes in.
Common questions
The program covers a wide range of occupational injuries and illnesses, including:
physical injuries, such as a broken bone, burn, or concussion
diseases, such as cancer or a respiratory disease like asbestosis
psychological injuries (the law uses the term mental disorders), such as diagnosed anxiety caused by harassment or some other traumatizing incident at work
For your claim to be successful, the injury or illness must have arisen out of and in the course of your employment.
For more, see our in-depth coverage.
First, report the injury to your employer right away. They’re responsible for getting you any necessary first aid and taking you to a medical facility (if needed).
Second, see your physician. Your doctor will recommend treatment, and may refer you to another health care practitioner. Ask them if there are modified work duties you can continue during your recovery. Make sure to let your health care providers know you were injured at work.
Third, start a claim for workers’ compensation. This is a BC government program that compensates workers who suffer a workplace injury or illness. We have in-depth coverage of making a claim for workers’ compensation.
WorkSafeBC — the agency that runs BC’s workers’ compensation program — offers a variety of benefits and services to those who are eligible. Depending on the nature of injury or illness, you could receive:
health care benefits and services, to cover the cost of health care services and supplies considered reasonably necessary to treat your injury or illness
wage-loss benefits, to compensate you if you lose pay as a result of your injury or illness
vocational rehabilitation services, a collaborative process to help you safely transition back to the job you were doing
permanent disability benefits, to compensate you if your disability is likely to impair your future earning capacity
If you had a condition that predated the workplace injury, workers’ compensation only covers you for the problems caused specifically by the workplace injury.
We explain each type of benefit in our guidance on making a claim for workers’ compensation.
In BC, there’s no requirement for self-employed workers to register for coverage under the workers’ compensation program. But if you’re self-employed, you may be able to purchase optional coverage. This would cover your lost salary and medical expenses if you’re injured on the job.
The WorkSafeBC website explains how to apply for optional coverage.
There are two ways in which this may not be allowed. First, if your employer has more than 20 workers and you were in the job for at least 12 months before your injury, your employer has a duty to maintain your employment. If the employer fires you within six months after you return to work, the law assumes the employer failed to meet this duty. The employer can counter this by showing the dismissal wasn’t related to your injury. If you have concerns, you can ask WorkSafeBC to investigate.
The second way this may not be allowed is if it amounts to discrimination. Under BC’s human rights law, your employer can’t mistreat you based on a personal characteristic that the law protects. If you think your employer fired you due to your disability, that could be discrimination.
Who can help
WorkSafeBC
Deals with complaints about unsafe working conditions and injuries on the job.
Workers’ Advisers Office
A government office that helps workers with claims for workers’ compensation benefits. They are separate from WorkSafeBC and there’s no charge for their services.
Reviewed for legal accuracy by
Richard Johnson, Ascent Employment Law and Sara Hanson, Moore Edgar Lyster LLP
This information from People’s Law School explains in a general way the law that applies in British Columbia, Canada. The information is not intended as legal advice. See our disclaimer.
Related
On Dial-A-Law
Dial-A-Law has more information on Injuries at work in the section on Work.