Workers Compensation Surprises

In a great many jurisdictions, including British Columbia, some form of workers compensation system is a fact of life.  While both workers and employers may complain from time to time about the system, the reality is that both workers and employers benefit from it.

The benefit to workers is obvious - subject, of course, to questions about adequacy of coverage:  benefits are available on a no-fault basis.  It is no longer necessary, as it was many long years ago, for the worker to prove some form of fault on the part of the employer.

The benefit to employers may be less obvious.  In some industries, the annual premiums payable can be onerous.  On the other hand, under BC’s workers compensation system, employers no longer have to worry about being sued by employees who are injured on the job - the Workers Compensation Act specifically provides that no lawsuit may be brought against an employer for work-related injuries.

From the employer's perspective, the definition of a work-related injury may be broader than is sometimes imagined.  For example, what happens if the worker is assaulted by a fellow employee or stranger while on the job?  What if the controversial nature of the employer's operations created the risk of assault?  What if the employer should have ensured that better security was available at the workplace?  It doesn't matter how you answer these questions - the injured worker’s claim must be dealt with through the workers compensation system rather than through the courts.

The broad scope of coverage under workers compensation legislation means that both employers and workers must give careful consideration to the possibility that an injury with even a slight workplace connection should be dealt through a workers compensation claim.  If the injury is covered by workers compensation, then the deadlines for filing claims must be borne in mind.

Article provided by Centennial Law Corp.