WCB Lawyers in Victoria, BC – WorkSafeBC
Sarj Gosal and Gosal and Company has successfully represented clients with their WCB workplace injury claims in Victoria, BC and throughout British Columbia since 1998. Gosal and Company’s experienced WCB lawyers provides free initial consultations to assist with your WorkSafeBC claims in Victoria, BC. Gosal and Company provides full legal services for WorkSafeBC/WCB cases in Victoria, BC. Our WCB lawyers can assist with WorkSafeBC claims management, reopening WBC claims, Review Division appeals, and Workers’ Compensation Appeal Tribunal (“WCAT”) appeals.
Our WCB lawyers in Victoria, BC can help you navigate your workplace injury and the WorkSafeBC process.
In our experience, WCB (operating under the name WorkSafeBC since 2005) is a body that operates like an insurance company. After over 28 years of handing WCB workplace injury cases in Victoria, BC, Gosal and Company has found that along with the duration and amount of compensation entitlement, WorkSafeBC’s goal is to minimize the number, nature, and extent of claims WCB accepts.
In Victoria, BC, many workers retain our WCB lawyers when they are fed up with dealing with the complexities of the WCB appeals system and/or demands made by the employees at WorkSafeBC. Unfortunately, many workers contact our WCB lawyers in Victoria, BC after their avenues of appeal have been exhausted. It is prudent for you to seek legal advice from our WCB lawyers for your workplace injury as soon as possible so that we can advise you on what to expect and watch out for as your WCB claim progresses.
WorkSafeBC/WCB and the Appeal Process
The first step to pursuing benefits for a workplace injury is to file a WorkSafeBC claim as soon as possible.
The following is brief overview of process with WorkSafeBC/WCB appeals with our WBC lawyers in Victoria, BC.
The decision-making level: WorkSafeBC/WCB or the Board
The Board makes initial decisions for a worker’s workplace injury and aims to deny compensation entitlement. You should expect to communicate with various decision-makers from the Board at WorkSafeBC. An Entitlement Office or Case Manager will (sometimes passively) gather information that WCB/the Board requires in order to adjudicate your claim or application. These individuals at WCB will decide which, if any, medical conditions will be accepted under your workplace injury claim and what type of compensation, if any, you could be entitled to as a result. Your claim may be referred to a number of departments at WCB/the Board. Calculating the actual amount of your award requires specialized knowledge.
The Wage Rate Unit calculates the wage rate on your claim. This figure is important as your future compensation entitlement will be calculated based on your long-term wage rate. The Long Term Disability Services (formerly known as the Disability Awards department) determines the calculation of the permanent disability that resulted from your workplace injury. This amount is calculated by reviewing medical evidence of your condition and you may be required to attend an assessment. If you are found to be entitled to assistance in returning to work after your workplace injury, your file may be referred to the Vocational Rehabilitation Services and a Vocational Rehabilitation Consultant may be assigned to your WCB claim to create a return-to-work plan for you.
Our WCB lawyers in Victoria, BC would like you to be aware of the following list for important terms WorkSafeBC/WCB includes in their decision letters regarding workplace injury:
- Your claim has been accepted for…
- If you have developed multiple physical injuries and/or psychological injuries due to your workplace injury, you can conclude that they are not accepted under your claim unless they are formally and explicitly accepted by WorkSafeBC in a formal decision letter.
- No other conditions (temporary or permanent) are accepted.
- If your conditions from your workplace injury have not been accepted as permanent, you will not be considered for a disability award.
- No limitations or restrictions are accepted.
- Your file will not be referred to Long Term Disability Services.
- Your condition has resolved.
- It is not anticipated that you will experience any permanent impairment.
- Your have been deemed fit to return to work without restrictions.
- “There is no convincing evidence of…”
The initial level of appeal: the Review Division
Once you have filed a request for review of a Board decision, you will have the opportunity to prepare and submit a written submission in support of your appeal. A Review Officer will be assigned to review the Board decision that you have appealed, your written submission, and relevant law and policy. Following that, the Review Officer may either: confirm the Board’s decision, vary the Board’s decision, or refer your file back to the Board for further investigation and a new decision.
As the Review Division is internal to WorkSafeBC, many appeals are denied at this stage. If your appeal is denied by the Review Division, you will need to proceed to the next level of appeal – WCAT.
You will have 30 days to file a Notice of Appeal to WCAT. Our WCB/WorkSafeBC lawyers in Victoria, BC, can assist you with your WCAT appeal.
The second and final level of appeal: WCAT
WCAT is the final level of appeal, and decisions are made by a one-person Panel, known as the Vice Chair. The Vice Chair may allow, partially allow, or deny your appeal. The Vice Chair may also return your file back to the Board for further investigation and a new decision.
WCAT appeals are conducted in one of two ways: by written submissions or by oral hearing. If your appeal is proceeding by way of written submissions, the Vice Chair will review your written argument, as well as any evidence, before issuing a decision. Alternatively, if your appeal is proceeding by way of oral hearing, you will present your argument and evidence in the form of sworn testimony in front of the Vice Chair. Please note that, due to the current COVID-19 pandemic, all oral hearings are being held via videoconference at this time.
WCAT is separate and independent from WCB/WorkSafeBC. Thus, if you have supportive evidence, your appeal has a higher chance of success at WCAT than at the Review Division. WCAT decisions are final and conclusive, and cannot be appealed.
Why Choose Our WCB Lawyers in Victoria, BC?
At Gosal & Company, our WCB/WorkSafeBC lawyers in Victoria, BC, concentrate on WorkSafeBC claims and appeals. Since 1993, Mr. Gosal has represented over 4,500 individuals who have suffered a workplace injury. In serving as a successful WCB lawyer in Victoria, BC, Mr. Gosal has been qualified (and provided oral evidence) as an expert witness regarding workers’ compensation matters in the BC Supreme Court. In seeking a WCB lawyer in Victoria, BC, experience matters, and Gosal & Company provides you with a team of very capable, knowledgeable, and experienced WCB lawyers in Victoria, BC.
Do I need to Hire WCB Lawyers from Victoria, BC?
WCB/WorkSafeBC is essentially an insurance company (your employer’s insurance company). The goal of WCB is to (whenever and wherever possible) limit your compensation for your workplace injury. Our WCB lawyers in Victoria, BC, can provide you with legal services to navigate the complex and stressful WCB process.
Our WCB lawyers in Victoria, BC, can advise you on which decision letters need to be appealed and why you need to appeal them. The language used in WCB decision letters is purposefully complex, as it is designed to limit your entitlement under your WCB claim.
If you have sustained a workplace injury in Victoria, BC, and are unsure of what is going on regarding your WCB claim, you should reach out to our WCB lawyers in Victoria, BC, for assistance. Sadly, we are often contacted by injured workers with WCB cases in Victoria, BC, who have failed to appeal important decisions within the appeal deadline (90 days for a Board decision and 30 days for a Review Division decision). Unfortunately, we then have to advise these workers that they waited too long to consult with our WCB lawyers in Victoria, BC. To protect your legal rights after a workplace injury, be pro-active and call our WCB lawyers in Victoria, BC, today. We can help you with your WCB workplace injury case.
How Do I Hire a WCB Lawyer in Victoria, BC From Gosal & Company?
To receive legal assistance from Gosal & Company’s WCB/WorkSafeBC lawyers in Victoria, BC, it is as easy as picking up the phone and calling our office at (604) 591-8187. Alternatively, you can send a private and confidential message to Gosal & Company using our contact form or an email to our WCB lawyers in Victoria, BC, at firstname.lastname@example.org. Our WCB lawyers are here to assist you with navigating the complexities of the WCB claims process, so that you can focus on recovering from your workplace injury.
Contact our WCB lawyers in Victoria, BC, today:
Telephone: (604) 591-8187
Fax: (604) 591-8126