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You must file an application for compensation with the WCB
- you must provide detailed information about the specific incident at work which caused the injury.
- If you don't identify the work incident which caused the problem, you risk having your claim denied
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| WHAT TO DO IF YOU ARE INJURED AT WORK:: |
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REMEMBER TO ALWAYS REPORT YOUR INJURY AS SOON AS POSSIBLE
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Tell your employer first
Ensure that your employer knows you're injured by filling out an Injury Incident Report form, which should be located at every nurses' station.
Make sure you give a copy to your employer and keep another for your own records. If a BCNU OH&S steward is on shift, you may want to contact her for advice.
It's a requirement of the WCB that you report your injury to your employer as soon as possible.
After suffering a workplace injury never phone your employer to say you're sick. Always state that you're missing a shift because of your injury.
And remember to identify a specific incident when filling out the Injury Incident Report form, when talking with your employer and when visiting your doctor, which you must do shortly after suffering a workplace injury. |
ALWAYS IDENTIFY THE SPECIFIC INCIDENT THAT CAUSED YOUR INJURY |
Then tell the WCB
You'll next need to fill out a WCB application form. Once again, describe the incident and injury in the same way listed on your Injury Incident Report form and in your physician's report. If the symptoms change, report that as well. If a WCB agent calls, ensure that you have a copy of your Injury Incident Report form. The agent will ask a number of questions, many of which you've answered earlier.
Be certain your answers are the same as the ones you've given throughout the process. Your credibility - which is extremely important to the WCB adjudicator - is at stake.
Never display anger. An angry response might make it easy to conclude your problems are emotional rather than injury related.
Also, take your time when filling out any WCB claims forms. Always remember, the more details you supply, the easier it will be for WCB to accept your claim. |
QUESTIONS AND ANSWERS ABOUT WCB
Q What should I do if WCB denies my claim?
Contact the BCNU office immediately to request assistance with your appeal.
Q What should I do if I return to work before my workplace injury is totally healed?
If you return to work but continue to suffer from symptoms, it is extremely important that you continue seeing your physician at least once every four or five weeks. That way, if you're forced to take more time off, you will have built up the appropriate documentation that will help WCB reopen your claim.
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What happens if WCB terminates my claim while I am still totally or partially disabled from work-related injury?
Contact BCNU immediately. Labour Relations Officers who specialize in WCB appeals are there to help members file an appeal.
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Should I continue to see my doctor after my WCB claim is accepted?
Yes. Visit your doctor every two weeks while on claim. Also if your claim lasts for more than a few months, you should be seen by a specialist.
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What do I do if I receive a letter from the WCB saying that "I have a right to appeal" - even though I already have an appeal in progress?
Phone the BCNU office immediately - you need to respond to every letter you receive from the WCB, regardless of the status of your appeal.
When, where, how
You must always pinpoint exactly when, where and how you were injured at work - or the WCB will almost certainly deny your claim, on the grounds that it might have been caused outside work.
It is crucial to repeat this information throughout each step of the WCB process, including appeals.
If your claim is denied because this information is not on your claim form, you will have to appeal. The appeal process is lengthy - as long as three years.
While 95 per cent of WCB claims are accepted, only 47 per cent of those which are forced to appeal are successful.
Don't wait to tell employer
Inform your employer immediately after getting hurt. Employers often protest claims from RNs who waited more than a couple of days to report an injury.
For example, a nurse who suffers a back injury while lifting a patient may not take enough notice of the incident because she is about to start her regular four or five days off and believes she will be okay by the time she returns to work. But if she doesn't report the incident until after returning to work, WCB will question whether the injury occurred at work or on her days off.
Include all the details
Many RNs whose claims were eventually denied by WCB understated what they were doing at the time of their injury.
For instance, don't just state you transferred a patient from a wheelchair to a bed. WCB may refuse such a claim because it doesn't describe what caused your injury.
Instead, include all pertinent info, such as "the patient's knees buckled and I caught him before he fell to the floor. As I caught him, I twisted my back. That is when the injury occurred."
Getting it right
Failure to properly document injuries means claims are turned down
Each year some 100 injured BCNU members are forced to file appeals after the WCB turns down their initial claim. Many of those appeals would have been unnecessary if, at the time of the injury, the nurse had provided detailed information about the specific incident at work that caused the injury.
The information in this document is not applicable to reporting repetitive strain injuries of the arm, neck and shoulders. Prior to filing a claim, contact your steward to or the BCNU office.
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