What injuries are covered by Workers’ Compensation law?
You can file a claim for workers’ compensation benefits if you have an accident at work. The general rule is that a workers’ compensation accident has to happen both while you are working and because of the work. However, there are many exceptions to these rules, so it is best to file for any accident that you think was work-related. Any questions about whether an accident was work-related will be decided by the Workers’ Compensation Board.
There are time limitations to file a workers’ compensation claim for an accident. The law says that you must notify your employer within 30 days of the date of the accident, although the Workers’ Compensation Board can excuse a late report if there is a good reason. You must also file a claim with the Workers’ Compensation Board within two years of the accident. Your claim must be filed using a document called a C-3 form.
Workers’ compensation also covers occupational diseases. An occupational disease is a medical problem that develops over a period of time because of the type of work a person does. For example, if you perform a data entry job, you may develop a problem with your hands or wrists. If your doctor feels that the cause of the problem is your job, involving repetitive use of your hands, this may qualify as an occupational disease under the law.
There is also a two-year time limitation to file a claim for occupational disease. In those cases, the time may run from the date you were first treated, the date you first knew your problem was work-related, or the day you stopped work. These time limitations are complicated and should be discussed with a lawyer. The Workers’ Compensation Board will ultimately decide what date should be used.
Legal Editor: Robert Grey, December 2014 (updated February 2016)
Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer.