How You Can Protect Yourself from a WCB Injury Claim Reported Late
It can be so frustrating. There you are sitting in your office working away when you receive a phone call. It’s a WCB Claims Manager and they tell you that a worker has reported an injury to WCB.
When you hear the name you realize this person hasn’t worked for you for 2 months!
You start to wonder: “How long does a worker have to report an injury to WCB?”
That depends on the province you’re in as they are all different.
Below is a rough guidelines for how long a worker has to submit a WCB/WSIB/Worksafe claim. These are the individual provincial standards.
For a specific time limit, you may want to contact the Workers Comp in your province.
The Time Limit for a Worker to Report a WCB Claim is:
- Newfoundland- 3 months
- PEI- 6 months
- Nova Scotia- 5 years
- New Brunswick- It’s not clearly defined, but appears to be prior to leaving employment with employer. (That’s scary)
- Quebec- 6 months (Depending on situation)
- Ontario- 6 months
- Manitoba- 1 month
- Saskatchewan- 6 months
- Alberta- 2 years
- BC- 1 year
- Yukon- 1 year North West Territories- As soon as reasonably practicable. No defined time.
What you don’t want to forget with the information above is it’s a guideline. This means that it is possible for a worker to report an injury outside of this timeline and still have a valid claim.
The WCB encourages a worker to report a WCB claim in these time frames. Preferably as close to the date of accident as possible. In fact, they don’t like making decisions on these kinds of claims either.
However, a worker can appeal to WCB and have this window extended. This could mean your company would be liable for a claim outside this window.
This does not include an occupational disease claim.
How Does WCB Decide on a Late Claim?
The WCB will look at different information, and they call this information “evidence.” They then try to see how the evidence lines up with their policy.
If the evidence seems to be in the favor of the worker, then they will accept the claim. In the majority of cases you can also provide evidence to help support a denial of a WCB late reported claim.
How Can You Protect Yourself from WCB Claims Reported Late?
Our members area offers a detailed explanation of this very issue. To get a specific step-by-step explanation go to our courses page and sign up.
What you want to find out are the details that the worker has given WCB about their injury. From there you can investigate the facts of the claim and see if there is any truth.
You may need to talk to a few people and co-workers about the alleged injury. You can also look up documentation to support your position.
If you had a good relationship with the worker, you can also call them and talk to them about the WCB claim.
What you want to do after gathering this information is present it to WCB. In many of these cases the claims are denied because the worker doesn’t have sufficient evidence. The better the evidence, the better the decision you’ll get.
The way to present your information is usually best via a letter you’ve written. You don’t want to just send in information and have a verbal conversation. This is because there could be more eyes looking at this claim.
With a letter it provides context to the evidence you’re presenting and there is a written record of your statement. This helps whoever will be looking at the claim know your position.
How Can We Help?
Our firm also represents Canadian Companies in all WCB related matters. If you require assistance with your WCB claims then please email us. One of our team members would be happy to help you.
- Exclusive WCB Online Training with videos and documents that walk you step by step through the WCB Claims and WCB Appeals process
- In-Person Representation where we manage your claims and appeals from start to finish
- Coaching for those companies that have a person that manages their WCB Claims, but requires guidance on best practices to limit claims costs
- Program Development and Implementation where we help design and implement a WCB Claims Program for your company.
- Statistical Review. Our team specializes in reducing safety statistics used for bidding work. If you are hit with a significant stat and are looking to downgrade then email us today.
- Pre-Qualification Database Support. If you are using Canqual, PICS, ISN, or other database. Our specialist can help you navigate this often confusing process.