If you have been injured on the job, it is critical to understand your workers’ compensation rights. From filing a claim to receiving fair treatment during the process, British Columbia’s workers’ compensation laws are designed to protect you, but the process is long and intricate.
Unfortunately, employers and insurers do not always play fair. That is why at Gosal & Company, we help injured workers assert their rights, navigate the WorkSafeBC system, and advocate for injured workers who are struggling with the claims.
Injured workers in BC are protected by law. You have the right to file a WorkSafeBC claim, access medical treatment, receive wage-loss benefits, and appeal unfair decisions. Learn how to protect these rights and when legal help can assist.
What Are Workers’ Compensation Rights?
Your workers’ compensation rights are legal protections designed to ensure you’re supported after a workplace injury or illness. These include:
- The right to file a WorkSafeBC claim
- The right to receive medical care
- The right to wage loss and disability benefits
- The right to appeal a denied claim
- Protection from employer retaliation
These rights apply regardless of who caused the accident or how long you have been employed.
You can read more on WorkSafeBC’s workers’ rights overview or contact us directly to speak with a WorkSafeBC lawyer.
Your Right to File a Workers’ Compensation Claim
If you are injured at work or suffer a work-related illness, you have the right to file a workers’ compensation claim with WorkSafeBC.
You do not need your employer’s permission. Your employer cannot stop you from filing, discourage you, or threaten consequences for doing so.
To file, complete a Form 6 – Worker’s Report of Injury or Occupational Disease, and ensure your doctor submits a Form 8/11 as well.
Your Right to Medical Treatment After a Workplace Injury
You have the right to immediate and ongoing medical care, including:
- Emergency treatment
- Follow-up appointments
- Specialist referrals
- Physical therapy or rehabilitation services
- Mental health treatment if applicable
WorkSafeBC covers all reasonable and necessary treatment costs, and your employer cannot interfere with your right to receive care.
Your Right to Wage Replacement and Disability Benefits
If you are unable to work because of a workplace injury or illness, you are entitled to:
- Wage loss benefits (usually 90% of your net income)
- Temporary disability benefits if you are off work short-term
- Permanent disability benefits if your injury leads to long-term impairment
- Vocational rehabilitation support to help you return to work
Contact our Workers’ Compensation lawyers to know what rights you are entitled to with your claim.
What to Do If Your Employer Denies Your Workers’ Comp Rights
Some employers may try to:
- Claim your injury isn’t work-related
- Insist you were off-duty when injured
- Deny you’re an employee (e.g., call you an “independent contractor”)
- Refuse to report the incident or submit paperwork
Don’t let your employer take away your rights. At Gosal & Company, we help injured workers prove their eligibility, file formal claims. Even if your employer says you do not qualify—you may still be covered.
How to Appeal a Denied Workers’ Compensation Claim
If WorkSafeBC denies your claim, that does not mean it is over. You have the right to appeal, and many claims are reversed on review.
Appeals happen in two stages:
- WorkSafeBC Review Division – First level of internal review
- Workers’ Compensation Appeal Tribunal (WCAT) – Independent appeal body\
Navigating these steps alone can be overwhelming. Our legal team can handle the process from start to finish and increase your chances of receiving fair compensation for your workplace injury.
When to Hire a Workers’ Compensation Lawyer to Protect Your Rights
You should speak with a lawyer if:
- Your claim was denied or delayed
- You are not receiving full benefits
- Your employer is treating you unfairly
- You are being pressured to return to work early
- You are facing retaliation
- You are unsure about your next steps
Common Violations of Workers’ Compensation Rights and How to Fight Back
Workers are often mistreated by employers or the system itself. Common violations include:
- Delaying or blocking your claim
- Downplaying your injury
- Misclassifying your role to deny coverage
- Refusing to accommodate work restrictions
- Denying medical leave or modified duties
If you have experienced any of these, do not stay silent. Document everything, and get in touch with a WorkSafeBC lawyer. We’ll review your case and fight for what’s rightfully yours.
Frequently Asked Questions About Workers’ Compensation Rights
Do I have to tell my employer before filing a claim?
You should report the injury to your employer, but they cannot stop you from filing a claim.
What if my employer will not cooperate with WorkSafeBC?
WorkSafeBC can still process your claim without the employer’s participation. Let us help ensure your claim proceeds.
Can I sue my employer instead of filing a WorkSafeBC claim?
In most cases, WorkSafeBC is your exclusive remedy, but exceptions exist.
Your Rights Matter. Let’s Protect Them—Together.
At Gosal & Company, we have helped thousands of injured workers assert their rights and win denied claims. Do not face your WorkSafeBC claim alone, contact our office and request a free consultation. Call us at (604) 591-8187 or email us at info@gosalandcompany.com.
