Employer FAQs

1. Do I need to have all my information and evidence before starting an appeal?

No. You do not need all your information and evidence before you appeal. We will later give you the opportunity to strengthen your appeal by providing more information and evidence, either through written or verbal submissions.

2. Can I telephone WCAT to start my appeal?

No. Although you can telephone us and let us know that you intend to appeal, you can only start your appeal in writing. We will send you a Notice of Appeal form. In order to keep your appeal active, you need to ensure that we receive your completed form within 21 days. You will find more information in our Appealing a Review Division Decision - Employer's Guide.

3. Who can participate in my appeal?

A "Participating Respondent"

A participating respondent has the right to respond fully to an appeal, including receiving a copy of the WorkSafeBC file, presenting evidence, examining witnesses at a hearing, and making verbal or written arguments.

Here are some examples of participating respondents:

• The worker or dependants of a deceased worker on compensation matters
• A supplier, owner, union representative, or any family member of a deceased worker on occupational health and safety appeals
• Another employer or group of employers on other assessment appeals, such as employer classification and cost transfer

A "Participating Person" or "Representative Group"

• For appeals asking for relief of costs or transfer of costs, we will invite a worker to provide relevant information
• In appeals concerning penalties for occupational health and safety violations, we will invite the joint health and safety committee or the worker health and safety representative, and the worker representative named in the inspection report to provide relevant information
• In occupational health and safety and assessment appeals, we may invite WorkSafeBC to participate by providing relevant information.
4. What if the worker and I disagree with the same decision but on different issues?

Review Division decisions often contain many issues. We usually make our decision only on the issues raised by the appellant in the Notice of Appeal and the written or oral submissions. You should file you own appeal (cross-appeal) to ensure that we consider your issue. If a worker later drops (withdraws) their appeal, and you have not filed your own appeal, you will have to apply for an extension of time, running the risk that this might not be granted.

5. What happens after I send you my appeal form or letter?

We will send you a letter confirming that we have received your appeal and giving you an appeal number. We may also ask you for more information if your appeal form or letter does not seem complete. In order to keep your appeal active, you need to ensure that you give us all the information we request within 21 days. You will find more information in our Appealing a Review Division Decision - Employer's Guide.

6. Can I fax my appeal form or letter to WCAT?

Yes. Please keep a copy of everything you send to us as well as the fax confirmation sheet.

7. What if I appeal too late?

If your appeal is late, you may be able to get an extension. We'll ask you if special circumstances prevented you from appealing within the time limit. You can read more about acceptable reasons for extensions in items 8.2 and following in our Manual of Rules of Practice and Procedure.

If you require an extension, please explain your reasons for appealing late on the Extension of Time to Appeal Application form or in your leter of appeal. If you don't give us an explanation, we will mail you an Extension of Time to Appeal Application form to fill out and return. In order to keep your appeal active, you need to ensure that you return the form to us within 21 days.

8. What is a stay, why would I want one, and how do I get one?

A stay is when we order a delay in the implementation of a WorkSafeBC decision (section 244 of the Workers Compensation Act). Appealing a WorkSafeBC decision does not automatically delay its implementation. A stay is an extraordinary remedy.

You might ask us for a stay of a decision that requires your firm to pay a penalty. If we approve a stay, you would not have to pay the penalty while we are considering your appeal. You will find more information in our Appealing a Review Division Decision - Employer's Guide. You can apply for a stay on the Stay Application form.

9. Do I need someone to represent me?

You may appeal on your own of course, but you might also want to ask for assistance from someone familiar with the workers' compensation system, such as a lawyer, a compensation consultant, or an employers' association.

You can get free help with your appeal from an employers' adviser.

To protect your privacy, we will not discuss your appeal with anyone but you unless you authorize a representative on the Notice of Appeal form. You can also file an Authorization of Representative form that gives us permission to do so.