Can a Closed WorkSafeBC Claim Be Reopened?
Typically when workers hear their claim is “closed,” they think that it means the decision provided by WorkSafeBC is final. In fact, there are situations where a closed claim may be revisited
It is important to note that reopening a claim is different from an appeal. A decision letter from WorkSafeBC can be appealed where you disagree with the decision. On the other hand, a claim can be reopened where there is a new medical condition or your medical condition significantly changes, returns, or worsens.
However, reopening a WorkSafeBC claim is not automatic. To reopen your claim, you will need medical evidence showing a new, worsening, or recurring medical condition.
For more information, please see our pages on workers’ compensation appeals and finding a WCB lawyer in BC.
What Does It Mean to Reopen a WorkSafeBC Claim?
A reopening means WorkSafeBC investigates a previously closed matter. It may involve:
- Renewed wage-loss benefits
- Medical treatment
- Permanent disability; or
- Other compensation
A reopening is usually about what has changed since the claim was closed—it is not the same as simply disagreeing with an old decision. Because of this, a reopening may not follow the same path as a normal Review Division appeal.
You may need to show that the accepted injury has significantly worsened, returned, or created new functional problems.
Why Workers Ask to Reopen a Closed WCB Claim
There are a variety of reasons why a worker would want to reopen their WorkSafeBC claim. A few of these examples include:
- The worker’s symptoms came back
- The worker’s condition got worse
- The worker tried to return to work but could not continue
- New medical evidence became available
- Surgery or treatment became necessary later
- Psychological symptoms developed after the physical injury
- A brain injury or concussion was minimized
- Permanent disability was not properly assessed
- Chronic pain developed after the claim closed
- The worker’s earning capacity changed
Example 1: The Worker Returned to Work, but the Injury Got Worse
A worker with an accepted back injury had their case closed and they returned to work. At first, they managed light duties, but over time their pain worsened, and they could no longer perform regular work.
What should the worker do?
According to the WorkSafeBC return-to-work policy, a worker can return to work without having had fully recovered. As well, symptoms can worsen over time with increased workplace duties. If the worker does notice a worsening of an injury, they should contact a physician as soon as possible. Documentation of medical evidence of the injury over time is important to connect the workplace incident to the developing condition.
Some examples of helpful medical evidence include:
- Updated doctor’s notes
- Physiotherapy reports
- Modified duty records
- Work schedule changes
- Notes showing when symptoms worsened
Example 2: The Worker’s Symptoms Came Back Months Later
A worker had an accepted shoulder injury. The claim closed after symptoms improved, but months later the pain returned and the worker could no longer lift, reach, or perform overhead tasks.
What should the worker do?
Recurrence happens when the symptoms of the worker’s original injury come back spontaneously.
When a claim is reopened, the timing of the symptom flare-up dictates how WorkSafeBC investigates the claim. If there is a spontaneous return of symptoms of the original, accepted injury, the claim is treated as an assessment for reopening. If there is a new and distinct event at work that aggravates symptoms, the claim is not treated as a reopening, but rather a new claim itself. To show that the return of symptoms is, in fact, connected with the original injury, evidence should be provided in the form of medical records. The evidence should show:
- Current diagnoses
- Earlier claim records
- Comparison between old and new symptoms
- Doctor’s explanation of why the condition has recurred
- Whether symptoms are new, unrelated, or pre-existing
As well, timing matters when reopening a claim. If a claim is reopened within 3 years of its closing, WorkSafeBC calculates its wage-loss rate based on your average earnings at the time of the original injury. However, if a claim is reopened after the 3-year period, WorkSafeBC will use its discretion and calculate the wage rates generally based on your earnings around the time of the recurrence, which can potentially yield a different compensation amount.
Example 3: The Worker Needed Surgery After the Claim Closed
A worker’s knee, shoulder, or back claim closed, but later imaging or specialist assessment showed that surgery may be required.
What should the worker do?
Some injuries are not fully understood by medical professionals early in the claims process; sometimes imaging or specialist opinions may develop later. If medical professionals advise surgery, WorkSafeBC may need to consider whether the surgery is related to the accepted injury. Some examples of medical evidence that may show this connection include:
- MRI or diagnostic imaging
- Specialist reports
- Surgical consultation
- Updated restrictions
- Medical opinion connecting surgery to the workplace injury
If surgery is required, the worker may need treatment coverage and wage-loss benefits during the recovery period.
Example 4: The Worker Developed Chronic Pain After the Claim Closed
A worker’s claim was closed after a soft-tissue injury, but their pain continued and became chronic. The worker later struggled with daily activities, sleep, work tolerance, and return-to-work attempts.
What should the worker do?
Chronic pain may develop after a workplace injury is accepted on the claim. WorkSafeBC will usually only accept pain as a chronic condition if it persists for at least 6 months following the original workplace injury. WorkSafeBC may also dispute whether ongoing pain is related to the original claim. To show relation, it is important to not only explain the experience of pain but to show the functional impact of the pain. Medical evidence that shows how symptoms of chronic pain impact work ability include:
- Pain clinic reports
- Family doctor records
- Functional capacity evidence
- Treatment history
- Medication records
- Work restrictions
Example 5: Psychological Symptoms Developed After the Physical Injury
A worker has an accepted physical injury on their claim, then later developed anxiety, depression, PTSD symptoms, panic symptoms, or psychological distress due to chronic pain, loss of work, trauma, or a failed return-to-work process
What should the worker do?
Psychological symptoms may develop after a physical injury, but WorkSafeBC may initially deny the psychological condition. If the psychological symptoms can be linked back to the original physical injury, the worker may be entitled to treatment, wage-loss support, or restrictions. Strong medical evidence showing that the psychological condition is a consequence of the physical injury is essential, and can be provided in the form of:
- Diagnoses from appropriate provider(s)
- Counselling or psychological treatment records
- Notes linking symptoms to the workplace injury or recovery
- Functional limitations
- Return-to work barriers
For more information, please see our pages regarding:
Example 6: A Brain Injury or Concussion was Closed Too Early
A worker experienced a concussion or head injury. Their claim was closed after the acute symptoms improved, but the worker continued to experience headaches, dizziness, memory issues, concentration problems, fatigue, or screen intolerance.
What should the worker do?
WorkSafeBC may say that a concussion has been resolved, but ongoing symptoms may affect return-to-work and daily functioning. Brain injury symptoms can be difficult to see, so workers may need further assessment to ascertain the impacts of concussive or head injuries. Some examples of evidence that can show brain injury symptoms include:
- Concussion clinic records
- Neurologist or specialist reports
- Cognitive symptoms
- Work restrictions
- Notes about screen tolerance, fatigue, dizziness and concentration
For more information on concussion-related claims, please read our page on WorkSafeBC brain injury claims.
Example 7: The Worker’s Repetitive Strain Injury Returned
A worker had a repetitive strain injury claim for the wrist, elbow, shoulder, neck, or hand. Their claim was closed after improvement, but symptoms returned when the worker resumed repetitive duties.
What should the worker do?
Repetitive strain injuries may improve with rest, but symptoms can return and intensify when the worker resumes the same work duties. WorkSafeBC may argue that the new symptoms are unrelated or should be treated as a new claim. To show that the symptoms are connected to the original injury, the worker may need evidence of a recurrence or worsening of the accepted condition, such as:
- Ergonomic assessment
- Job demands analysis
- Medical records
- Treatment notes
- Modified duty records
- Symptom timeline
For more information, please read our page on repetitive strain injury claim.
Example 8: The Worker’s Permanent Disability Was Not Properly Assessed
A worker’s claim was closed after WorkSafeBC decided that no permanent disability existed, or WorkSafeBC awarded a small permanent disability amount. Later, the worker realized the injury caused lasting restrictions or reduced earning capacity.
What should the worker do?
A closed claim may still raise permanent disability issues. Permanent symptoms may affect work ability, and WorkSafeBC may need to consider permanent functional impairment or loss of earnings. To prove this, a worker may need to provide medical and functional evidence, some examples being:
- Permanent restrictions
- Specialist reports
- Functional capacity evidence
- Loss of earnings information
- Vocational rehabilitation documents
For more information, please see our page on WCB lump sum payouts in BC.
Example 9: The Worker Could Not Complete a Return-to-Work Plan
A worker’s claim was closed because WorkSafeBC believed they could return to regular or modified duties. After attempting, the worker could not continue because symptoms worsened or the duties were not suitable.
What should the worker do?
A failed return to work attempt can be important evidence. Workers should document what happened throughout the course of their return to work as WorkSafeBC may need to reconsider whether the worker has truly recovered. Evidence should explain why the plan failed, some of which could be:
- Gradual return-to-work schedule
- Symptom notes
- Doctor’s updated restrictions
- Employer emails
- Missed shifts
- Records showing duties exceeded restrictions
For more information, please see our page on whether WCB can force you back to work.
Example 10: New Medical Evidence Shows the Original Decision Was Incomplete
The claim was closed before the worker saw a specialist or had proper imaging. Later, new medical evidence shows the injury was more serious than WorkSafeBC originally accepted.
What should the worker do?
New medical evidence can change how the claim is understood. It is important to determine whether the evidence supports a reopening, reconsideration, or appeal of the claim. Workers should not assume WorkSafeBC has all of their medical records and be prepared to provide them, if necessary, upon request.
As well, the timing of the decision and new evidence matters. If the new evidence was produced within 90 days of the WorkSafeBC decision, an appeal can be filed to the Review Division. If this time period has passed, you may need to apply for a claim reopening.
Some examples of new medical evidence that may give rise to a reopening, reconsideration, or appeal of a claim include:
- Specialist reports
- Updated diagnoses
- Medical imaging
- Treatment history
- Clear medical explanation of workplace connection
Example 11: A Worker Thought They Were Fine, but Their Condition Slowly Deteriorated
A worker has agreed to close the claim because symptoms seemed manageable. Months or years later, the accepted condition deteriorated and began affecting work ability.
What should the worker do?
Workers may try to keep working despite experiencing symptoms. Because slow deterioration can be harder to prove than acute symptoms, medical records should show the change over time. The change must be more than normal day-to-day symptom fluctuation. Some examples of evidence to show slow deterioration include:
- Timeline of worsening symptoms
- Medical appointments
- Work restrictions
- Functional changes
- Treatment history
- Evidence of missed work or reduced duties
Example 12: The Worker Did Not Understand the Decision Letter
A worker believed the claim was simply “closed for now,” but later learned that WorkSafeBC had denied ongoing symptoms, denied permanent impairment, or limited what was accepted.
What should the worker do?
Decision letters can have long-term consequences. Workers may not realize it, but WorkSafeBC decisions must be appealed within 90 days before they will be considered officially closed. It is important to appeal the decision within that 90-day period if necessary, as a closure decision may affect future benefits.
Proper review by a WCB lawyer can help identify whether reopening the claim, appealing the claim, or an alternative is needed.
For more information, please see our pages on WorkSafeBC red flags, WorkSafeBC case managers and the WorkSafeBC appeal process.
What Evidence Helps Reopen a Closed WorkSafeBC Claim?
WorkSafeBC may be willing to consider the following evidence in deciding whether to reopen a claim or not:
- Updated medical reports
- Specialist reports
- Diagnostic imaging
- Treatment records
- Functional capacity information
- Return-to-work records
- Employer correspondence
- Wage-loss evidence
- Vocational rehabilitation documents
- Symptom timeline
- Evidence showing the change is connected to the accepted injury
- Evidence showing the change is significant, not just a minor fluctuation
What If WorkSafeBC Refuses to Reopen the Claim?
WorkSafeBC may decide that the evidence provided does not sufficiently support the reopening of the claim. If this is the case, the worker should get the decision in writing. This is because applications to reopen claims are appealable, according to WorkSafeBC’s review and appeal guidance.
You have 90 days to appeal WorkSafeBC decision to the Review Division. You have 30 days to appeal Review Division decisions to WCAT. These are firm deadlines and apply to all decisions.
For reopening decisions, it is important to seek legal advice right away. It is recommended to consult a lawyer so they may help you identify whether the issue is reopening, appealing, or reconsideration of a claim or if a new claim should be filed.
Common Mistakes Workers Make with Closed WCB Claims
There are some mistakes that workers make when it comes to closed WorkSafeBC claims, some of which are:
- Assuming a closed claim can never be reopened
- Waiting too long to report worsening symptoms
- Not getting updated medical evidence
- Not explaining how symptoms changed
- Confusing a new injury with a recurrence
- Assuming WorkSafeBC has all treatment records
- Not asking for a written decision
- Missing appeal deadlines
- Not documenting failed return-to-work attempts
- Not correcting inaccurate case manager notes
How a WCB Lawyer Can Help With a Closed and Reopened Claim
It is important to consult a lawyer in helping with assessing a closed claim to see if it could be reopened. A lawyer can help review the closed claim file and identify what WorkSafeBC accepted or denied.
Upon review, the lawyer can determine whether the issue is reopening, appealing, or reconsidering the claim or filing for a new claim. The lawyer will then review the medical evidence, gather updated records, prepare submissions, and appeal a refusal to reopen if necessary. The lawyer can help with a number of concerns, some of which being wage-loss, treatment, permanent disability, or return-to-work disputes.
For more information, please see our guide to hiring a WCB lawyer.
FAQs About Closed and Reopened WorkSafeBC Claims
Can a closed WorkSafeBC claim be reopened?
Yes, in some cases. A closed WorkSafeBC claim may be reopened if there is evidence of a significant change or recurrence of an accepted medical condition.
What does WorkSafeBC look for when reopening a claim?
WorkSafeBC may look for medical evidence showing that the accepted condition has significantly worsened, returned, or now requires additional treatment or benefits.
Can I reopen a claim if my pain came back?
Possibly, but pain returning on its own may not be enough. Medical evidence should explain why the symptoms are connected to the accepted workplace injury and why the change is significant.
Can I reopen a claim years later?
It may be possible in some situations, but older claims can be harder to support. Medical records, symptom history, and evidence connecting the current condition to the accepted injury become very important.
What if WorkSafeBC refused to reopen my claim?
If WorkSafeBC refuses to reopen your claim, get the decision in writing and seek legal advice quickly.
Can I reopen a claim for psychological symptoms?
Possibly. If psychological symptoms developed because of an accepted workplace injury, chronic pain, trauma, or a failed return-to-work process, WorkSafeBC may need to consider whether the psychological condition should be accepted.
What if I tried to return to work and my symptoms got worse?
A failed return to work may support a reopening request if medical evidence shows your accepted injury significantly worsened or recurred.
Contact a WCB Lawyer About Reopening a Claim
If your WorkSafeBC claim was closed and your symptoms have returned, worsened, or started affecting your ability to work again, do not assume the claim is over. A closed claim may be reopened in some cases, but the evidence and appeal route matter.
Contact a WCB lawyer in BC for help reviewing your closed WorkSafeBC claim, gathering evidence, and understanding your options.