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Do You need a Lawyer for Workers Compensation Claim in Alberta?

Accidents happen anytime, no matter how careful we are with our actions. It can happen even when we are at the comfort of our home or at the place where we spend one-third of our time, our workplace. Accidents at work are also called workplace accidents, occupational accidents, or injuries at work.

Not everyone is knowledgeable enough about their rights when they face an unfortunate situation while doing their job. You should know that you can be eligible to claim workers’ compensation not limited to income compensation, plus health-care benefits such as medical expenses like prescription drugs, treatments or physiotherapy sessions, rehabilitation expenses for training, medical equipment, clothing, and care day-to-day activities. 

Workers’ Compensation Law

Workers’ Compensation is the employer’s liability to an employee who sustained an injury during his/her work. The Workers’ Compensation Board administers the said compensation and is funded by employer premiums.

The Workers’ Compensation Act was amended in 2017 to increase the wage-loss benefits and index them to inflation. In 2018, it was amended again to require employers to re-employ workers after their recovery.

This law ensures that injured workers receive wage replacement benefits, medical treatment, rehabilitation, services, return to work plans, and financial compensation for permanent disabilities.

Alberta’s Workers’ Compensation Board (WCB)

Alberta’s Workers’ Compensation Board (WCB)Workers’ Compensation Board (WCB) is the administrator of the Workers’ Compensation Act. They assume no-fault liability for all work-related injuries and illnesses of more than 160,000 employers and more than two million workers.

Employers pay a premium of insurance to WCB, and that the latter pays the compensation for the work-related injuries of employees.

Workers who are entitled to compensation from WCB have waived their rights to sue any worker or employer who is in any way connected to the injury they acquired during the course of their work. 

You can consult with a lawyer if you think you are entitled to compensation over WCB benefits.

WCB’s Coverage

Read More about Workers’ Compensation in Alberta

Industries covered by WCB

Industry classification set the stage for rate setting. All employers are classified into industries to help WCB accurately set premiums.

  • Agriculture and Forestry
  • Business, Personal and Professional Services
  • Construction and Construction Trade Services
  • Manufacturing, Processing, and Packaging
  • Mining and Petroleum Development
  • Municipal Government, Education and Health Services
  • Provincial Government
  • Transportation, Communication, and Utilities
  • Wholesale and Retail

Injuries covered by WCB

WCB compensates for injuries that occur in the workplace, including work-related accidents and diseases. 

  • Broken bones
  • Severe cuts and burns
  • Strains or sprains caused by doing the same thing every day
  • Psychological injuries 
  • Occupational diseases – these are caused by certain working conditions.

Injuries not covered by WCB

Injuries that are not covered by WCB include health problems not related to your work.

  • Diabetes
  • Arthritis
  • Old sports injuries

If a health problem is made worse by a work-related injury, WCB may compensate the person for the time it takes them to recover. 

Accidents that occur while driving back and forth to work are not covered  although some exceptions may apply.

Exercise your rights when it comes to workers’ compensation claims in Alberta with the help of Diamond & Diamond Law. Call them for the assistance you need now.

Processing your Workers’ Compensation Claim

Start to process your claim once you have done the initial processes. WCB will review your claim after you have reported your injury or illness to them and your employer. This will include making initial decisions on benefits and informing you of the status of your claim.

The person concerned will receive a notification by letter if his/her claim is approved for compensation by WCB. This means that the employer should pay the injured person. It should not be considered as a sick leave for the employee.   

In cases where the employee has missed work due to the injury and the claim has been accepted, WCB will begin paying the benefits starting the next working day after the day they were injured. The benefits will depend on the inquiry or illness caused. 

There are instances that people hire lawyers to assist them in processing their claims. However, not every injured worker will need to hire an attorney. If you have an unquestionable claim either from your employer or its insurance company, then you can probably process your claim on your own. 

Hiring a workers’ compensation lawyer can have great benefits. There are situations where an injured employee can make a claim outside of workers’ compensation. A  personal injury lawyer would be appropriate to handle such matters. 

Benefits During Your Workers’ Compensation Claim

Once your claim is accepted, you will be entitled to the following benefits:

  • Wage replacement
    • Your lost income due to workplace injury or illness will be replaced. This benefit is based on 90% of your net earnings up to a maximum amount set by WCB’s Board of Directors for the year of your accident.
  • Medical benefits
    • The costs of your medical care as a result of your workplace injury or illness are covered.
  • Fatality and survivor benefits 
    • The surviving spouse, partner, or family are given assistance.
  • Expense reimbursement
    • Expenses incurred during the accident such as travel, personal care, vehicle modification, and home modifications can be reimbursed.   

A reputable personal injury attorney

“A reputable personal injury attorney can help you understand your case’s details and guide you with the processes.

FAQs on Workers’ Compensation Claims in Alberta

Does workers’ compensation affect future employment?

No, workers’ compensation does not affect future employment as long as you do not say anything bad against your previous employer. Your current employer would just like to know that the accident you met was not a result of your incompetence. Simply state the facts of your case and be honest about your experience.

When does a workers’ compensation get denied?

A workers’ compensation is denied when the injury was unwitnessed, you failed to report your injury immediately, or there’s a discrepancy between your accident report and initial medical records. Filing a workers’ compensation claim after being laid off can also be a basis for your claim getting denied.

What are my options if my claim is denied?

You have a lot of options to choose from in case your claim gets denied. You can contact a workers’ compensation like Diamond & Diamond to seek assistance for your case. A trusted and experienced lawyer can help you achieve the justice that you deserve — to receive your workers’ compensation or get a fair settlement.

Need a Lawyer?

We are here 24/7 to address your case. You can speak with a lawyer to request a consultation.


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