If an accident occurs at work, please read in case of injury or illness.
IATSE Local 891 can support members with WorkSafeBC claims in the following ways:
If a claim is accepted, WorkSafeBC provides wage loss for the time spent off work recovering, medical treatment (surgery, physiotherapy, massage therapy etc.) and, if necessary, vocational rehabilitation (retraining for a new position).
WorkSafeBC makes its assessment based on the previous three months earnings. In the case of casual workers, they base it on the previous twelve months earnings. They do not look ahead at future projected earnings. WorkSafeBC will contact the employers (in this industry, payroll providers). If there are earnings made outside of the film and television industry, which the payroll provider would not be aware of, provide details of these earnings for WorkSafeBC to follow up on.
If the injury is deemed permanent by WorkSafeBC, an assessment for a disability award (also referred to as a permanent partial disability or "pension") will be made. WorkSafeBC will calculate the disablement by way of a percentage and the monthly disability award will be calculated based on earnings in the year prior to injury. Disability awards are paid monthly until the age of 65.
If the case manager is unavailable, call the general claims line at 604-231-8888. Have them document on the claim file that a request to be called back has been made. This will generate a phone memo which is added to the claim file. In addition, ask to have an internal memo sent to the case manager requesting a return call. These phone memos are logged and are useful in ensuring accountability from the case manager should a timely response not be received.
There is a 90 day limit from the date of the decision letter to notify the Review Division that a review (appeal) to WorkSafeBC is to be made. This is called a request for review. This does not mean that the appeal or submission is due within 90 days, rather, that a notification form is required within 90 days from the date of the letter. After the Request for Review is submitted, a deadline for the submission will be provided by WorkSafeBC.
Once the submission is received by the Review Division, they are required to provide a decision regarding the appeal within 150 days of the WorkSafeBC decision. Should the Review Division confirm the WorkSafeBC decision and deny the review, there are 30 days from the date of the Review Division decision to file a "notice of appeal" to the Workers' Compensation Appeal Tribunal (the WCAT). WCAT decisions are most often final.
If a claim has been denied and a decision has been made to appeal, do the following:
WorkSafeBC has the authority to reconsider a decision within 75 days from the date of sending its decision letter. However, once a Request for Review is submitted to the Review Division, WorkSafeBC no longer has the jurisdiction to reconsider the decision. It is recommended that a Request for Review is not submitted before 75 days unless WorkSafeBC has made it clear that they will not reconsider the decision. A reconsideration can happen in a matter of days.
Please contact us for more information.