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Frequently asked questions
Why did the government make these changes?
Interested parties should check the Ministry
of Labour and Citizens' Services web site. The Board's responsibility
is to implement the legislation.
What do the changes mean?
The changes deal primarily with benefit levels for injured workers and
establishing a new model for governance of the Workers' Compensation Board.
Most other aspects of WorkSafeBC coverage for workplace injuries are unchanged
at this time.
If a worker gets injured, will he or she be covered?
Yes. Most aspects of WorkSafeBC coverage for workplace injuries and occupational
disease remain unchanged.
Will injured workers' wage-loss payments be affected by the new legislation?
Wage-loss benefits for those injured before June 30, 2002 will be calculated
at 75 percent of gross average earnings. Those injured on or after June
30, 2002 will have their wage-loss benefits calculated at 90 percent of
average net earnings.
If I applied for workers' compensation benefits before June 30, 2002,
how will my claim be adjudicated?
If a worker was injured before June 30, 2002, any benefits payable will
be calculated under the former legislation, which provided for benefit
levels calculated at 75 percent of gross average earnings.
If injured workers were in receipt of a WorkSafeBC pension before June 30,
2002, will the new provisions of the Act affect their pension?
Injured workers receiving a pension before June 30, 2002, will have that
pension continue for life. Pension benefits will be adjusted for inflation
annually, at the rate of inflation minus one percent and capped at four
percent per year. There will be no change in survivor's pensions awarded
before June 30, 2002.
How will workers' benefits be calculated under the new provisions
of the Act?
The new benefit system provides that:
- Tax-free wage replacement benefits will be paid to workers at the rate of 90 percent of their average net earnings.
- For workers with a permanent disability, monthly benefits will end at age 65. The worker will then receive a lump sum retirement benefit. The lump sum equals an additional five percent of the monthly benefit, plus interest. The worker may also choose to contribute to this benefit.
- Wage loss benefits will be adjusted for inflation annually, at the rate of inflation minus one percent capped at four percent in a year.
- Workers who receive CPP Disability benefits for the same injury, will have their WorkSafeBC benefit reduced by 50 percent of the CPP benefit, which is the employer's share of the CPP disability contribution.
The legislation was effective June 30, 2002.
If a worker is currently involved in the appeal process, will this
legislation affect that appeal?
The new provisions do not deal with the appeals process. However, a separate
bill, Bill 56, dealing with the WorkSafeBC appeals structure was introduced on
May 30, 2002. There are no changes to the appeals system at this time.
Are there more legislative changes to come in the future?
The government introduced Bill 56 on May 30, 2002, dealing with the WorkSafeBC
appeals process. In addition, other legislation is expected on matters
of survivor benefits, occupational disease compensation, compensation
for chronic pain and regulation of occupational safety and health. Legislation
covering these topics is anticipated in fall 2002 or spring 2003.
For more information on the proposed legislation, go to the Ministry of Labour and Citizens' Services web site.