To many, it may come as a surprise that there is no protection or remedy for workers who are fired for the simple act of filing a compensation claim. The Workers’ Compensation Act (Act) prohibits employers from retaliating against a worker who exercises a right under Part 2, the OH & S part of the…
News & Views
Weaponizing RTW: Does any of this sound familiar?
By Rolf Harrison, Workers’ Advocate BC Building Trades A MONTH AGO, BOB GOT INJURED at work. He’s on crutches and in a lot of pain. The company’s disability manager is texting him daily about modified duties: Your doctor’s letters aren’t clear enough!” “We expect you here at 7 a.m.!” “Doing what your surgeon says is…
Petrie Report: Claim Suppression 2025
Paul Petrie’s new Addendum is entitled “WCB at the Crossroads: Experience Rating and Claim Suppression – An Addendum to “Restoring the Balance” – April 2025.” It is an appropriate name for the scope and importance of this report. The “experience rating” funding process is often not well known by workers. But as this Addendum and…
Issues to Watch as WorksafeBC Starts Enforcing the New Duty to Maintain Employment
By Kevin Love The Workers Compensation Act now imposes a duty on employers who regularly employ at least 20 workers to maintain the employment of an injured worker who has been continuously employed for at least 12 months. Importantly, this new duty to maintain the injured worker’s employment requires that the employer accommodate the injured…
What’s New: Jan 2025
It’s a New Year, and there is new material on the IWRAP website, introduced below in 4 sections – For Advocates, News, Research and Community. Next month, there will be a special IWRAP update on the urgent topic of Claims Suppression. For Advocates: January 2025 News: January 2025 Policy Challenge: A WCAT appeal challenges Policy…
The Election and Compensation: What does it mean for injured workers?
On October 19, 2024, B.C. voters will be offered a stark choice about B.C.’s future government. And while there is little public comment about “WCB” matters, make no mistake that there are serious backroom discussions going on about it in the Employer community. Many employers see this election as an opportunity to again raise the spectre…
What’s New: Sept 2024
After a long summer break, there is new material on the IWRAP website in these areas:
Pickering v. Richmond School District No. 38 – (ongoing)
Recently, the B.C. Supreme Court upheld a WCAT decision which denied the worker’s bullying and harassment claim. Now, that worker, together with the Community Legal Aid Society (CLAS), has launched a challenge to section 135 of the Worker’s Compensation Act (“Act”) as being discriminatory under the Canadian Charter of Rights and Freedoms (“Charter”). The worker…
What’s New: Jan-Mar 2024
Bill 41 – Change Comes to the Compensation System Effective January 1, 2024, two new Duties were introduced into the Workers’ Compensation Act (Act) via Bill 41. The following new Duties will dramatically change the B.C. compensation system. The new Duties set out the expectation (with enforcement provisions) that injured workers and employers will work together…
What’s New: Nov-Dec 2023
New Compensation Duties – Effective January 1, 2024 The big news is that the two final provisions of Bill 41 will come into effect on January 1, 2024. These are: Board policies about these new duties have not yet been published, although draft policies were issued for policy consultations. The new legislation and these draft policies…