Is There a Time Limit to Filing a WCB Claim?
Is there a time limit to filing a WCB claim, reporting an injury, or accident?
The short answer is yes, however there are different limits that apply to workers and employers.
WORKER’S RESPONSIBILITIES
What is the time limit for a worker to report an accident?
In Alberta, a worker must report an accident to the WCB within 24 months from the time an accident occurs or from the time they become aware of the accident.
What if a worker reports an accident after the 24 month limitation?
The WCB may decide not to pay compensation however, this time limit may be waived under certain circumstances.
Under what circumstances will the WCB consider accepting a claim that was reported beyond the 24 month time frame?
If the WCB determines that there are reasonable or justifiable grounds for the delay or if the claim is a just claim and should be allowed despite the delay in reporting.
What are reasonable or justifiable grounds?
While every claim is assessed on its own merit, the WCB will routinely accept the following as reasonable:
Medical uncertainty as to whether the injury or disease is related to employment
Occupational diseases such as asbestosis, where there may be considerable time lapse between the exposure to a work hazard and the onset of symptoms
The worker was medically incapable of reporting circumstances of the injury or disease
The worker did not miss any work at the time of the injury or accident
The worker or the worker’s dependants did not know and were not advised of the reporting obligations for compensation
The employer, doctor or someone else who was supposed to report on behalf of the worker did not submit the claim
Any other reasons for a delay in reporting should be detailed in writing and submitted to the WCB with a request for an extension to the time limit to be considered.
EMPLOYER’S RESPONSIBILITIES
What is the time limit for an employer to report an injury or accident?
In Alberta, an employer is required to report an accident or injury within 72 hours of being notified or having knowledge of a work-related incident. However, it is in an employer’s best interest to report an injury as soon as possible.
What happens if an employer doesn’t report the injury within 72 hours?
Employers can be fined up to $25,000.00 by the WCB, for failure to report a work-related accident or injury. Beyond the fine, an employer can benefit by reporting an injury as soon as possible; research has shown that early intervention and management of a claim can help minimize claims costs.
What if an employer disagrees with a claim, should it still be reported?
Absolutely, reporting an incident does not guarantee that a claim will be accepted and compensation or benefits issued. The employer’s report of injury or accident includes a section for an employer to indicate they wish to provide additional information and this includes any issues regarding the validity of a claim, as well as specific details regarding the incident that may have bearing on the acceptance of a claim and/or how benefits are issued. The sooner the WCB has details of an employer’s concerns, the sooner those concerns can be investigated and addressed. If the concerns are determined to be valid, the claim may be denied or rejected. If not and the claim is acceptable, valuable claim management resources will have been implemented while an entitlement decision was being reached.
Every claim reported to the WCB is adjudicated individually, as such there is a discretionary component to how every claim is managed. Although, the basis of WCB decisions are governed by the Workers’ Compensation Act and guided by WCB policy and procedure, there is some leeway allowed to take into consideration the unique situation of each claim. This discretion allows the WCB to evaluate all the evidence and information provided relative to that claim to help in the decision making process.
As with every decision made by the WCB, if any interested party is not in agreement, the issue is open to the appeal process for workers or employers.
As always, we are available to answer your questions and/or address your concerns to the best of our ability. You can reach us directly during business hours through our chat feature or by phone at 1-844-377-9545, you can email us at [email protected] or [email protected], and you can connect with us on Facebook, Twitter, or LinkedIn.
