How to file a work injury compensation claim?

How to file a claim under WICA, including checking status and withdrawing claims. What employers need to do when their employees make a claim, including reporting, filing a dispute and making payments. Find calculators, posters, guides, bulletins and other resources about work-injury compensation.

Can a worker claim for an occupational injury?

You can claim if you are: a worker paid by a labour agency. You cannot claim if you are: a worker who doesn’t work under the control of an employer, for example a sub-contractor.

When is an injury or illness considered work-related?

Workers’ comp may also cover cumulative injuries developed over time (such as repetitive strain or stress injuries or RSIs), occupational diseases and other illnesses resulting from on-the-job exposure, and physical or psychological illnesses resulting from workplace stress.

What are the changes to the work injury compensation act?

Key changes to WICA in 2020. Overview of the Work Injury Compensation Act, including what it is and who it is for. Who is and isn’t covered under WICA, and who can claim for work injury compensation. Differences between claiming under WICA versus a civil suit, and deadlines for withdrawing a claim or suit.

When to file a workers’compensation claim instead of a lawsuit?

In legal terms, filing a workers’ compensation claim is your “exclusive remedy” for a work-related accident, cumulative trauma injury, or occupational disease. There are benefits to filing a workers’ compensation claim instead of a lawsuit.

Can a workplace injury be considered compensable under workers’comp?

While the location where the injury occurred may be considered in determining whether a particular claim is compensable, this is not usually dispositive. Even if a worker was injured away from the office or normal job site, he or she may still be covered under workers’ compensation.

Can you sue your employer for a work-related injury?

This means that you cannot file a regular lawsuit for damages related to a workplace injury or illness (with narrow exceptions described below). In legal terms, filing a workers’ compensation claim is your “exclusive remedy” for a work-related accident, cumulative trauma injury, or occupational disease.

Can You recover punitive damages from a workers’compensation lawsuit?

The drawback to a workers’ compensation claim as opposed to a regular civil lawsuit is that, in a workers’ compensation claim, you cannot recover punitive damages. Your benefits will be limited to those allowed by the workers’ compensation laws in your state, and are usually tied to a percentage of your wages.