| The Office of
the Worker's Advocate offers free help to workers having
problems with their workers compensation claim.
We can tell you about:
- benefits
- rehabilitation
- retraining
- wage loss
- medical aid
- survivor's benefits
The Office of the
Worker's Advocate also works with advocacy groups and
unions to improve service to injured workers.
Every worker and his or her dependents have the right to
review and to appeal Workers' Compensation Board (WCB)
decisions about their claims.
Appealing
a Workers’ Compensation Board (WCB) Claim Decision
If
you do not agree with a decision that has been made on
your compensation claim, you can appeal that decision.
There are three levels of appeal:
-
Initial
Adjudicator:
The first level of appeal is your adjudicator
(WCB case manager).
Contact your case manager to discuss the
decision you do not agree with and try to find a
solution. Provide
any new information to support your claim.
-
Appeals
Committee:
If you are still dissatisfied with the
decision after speaking to your case manager, you
can appeal to the second level, the Appeals
Committee.
-
Members
of the WCB Board:
If you are dissatisfied with the decision from the
Appeals Committee, you may appeal to the Members of
the WCB Board.
The Board is the last level of appeal and in
most cases, the decisions of the Board are final.
However, if there is a medical point to be
settled you may request a Medical Review Panel after
receiving a decision from the Board.
Please
note that if you appeal a decision, a complete review of
your file may be undertaken.
As a result, if you are currently receiving
benefits, there is a possibility that these benefits may
change (increase or decrease), even if you are not
appealing the amount of benefits.
Preparing
an Appeal to the Appeals Committee
Obtain
a copy of your file from WCB by filling out an Injured
Worker’s Request for Photocopy of File(s) form. In order for you to obtain a copy of your file you must
indicate on the form what decision you are appealing and
why. Mail the form to:
Workers'
Compensation Board
#200 - 1881 Scarth Street
Regina SK S4P 4L1
If
you have not received your file within three weeks,
contact your case manager at the WCB to ask why you have
not received your file and when you can expect to
receive it. If
it has been longer than one month, contact the Office of
the Worker’s Advocate for help in obtaining a copy of
your file.
The
letter you receive may contain factual errors or you may
have new information affecting your original claim. Depending on the decision and your reasons for disagreeing
with it, you may want to:
-
Obtain
additional medical information from your doctor
(opinion and reasons for opinion) to support your
claim.
-
Obtain
witness statements to verify your work injury.
-
Provide
a list of job duties to verify the type of work
(heavy, repetitive in nature, etc.) you did.
To
appeal a decision to the Appeals Committee, you need to
write a letter to the committee requesting that your
file be reviewed. In
your letter you need to state what decision you disagree
with and provide reasons why you disagree with it.
Include information to support your view of why
the decision should be reversed.
You can also request a meeting with the Appeals
Committee.
If
you have access to the Internet, you can file an appeal
electronically on the WCB website.
The Worker Appeals Form can be found under
Forms and Publications/Forms at:
http://www.wcbsask.com/Forms_&_Publications/Forms.html.
Send
your letter of appeal to:
Appeals
Committee
Workers’ Compensation Board
#200 – 1881 Scarth Street
Regina, SK S4P
4L1
The
WCB will send you a letter confirming that they have
received your letter of appeal.
If you are wondering how long it will take to
receive a decision or hear your appeal, call the WCB at
787-4420 or 787-4549.
After sending your letter, if you receive any new
information supporting your claim, send copies to the
WCB asking that they attach the updated information to
your letter of appeal.
If
you have Internet access, you can view the WCB Act and
policies on-line. The
WCB website is: www.wcbsask.com.
If you would like a hard copy of the WCB Act, you
can contact the Queen’s Printer at 787-6894.
Need
help with your appeal? Contact:
Office of
the Worker's Advocate
Saskatchewan Labour
3rd Floor - 1870 Albert Street
Regina, Saskatchewan. S4P 3V7
For more
information on how we can help you, call us at
1-306-787-2456 or Fax us at 1-306-787-0249
|
