Workers' Compensation

The Community Legal Assistance Society has served the interests of injured workers since the mid-1970's. CLAS's Workers' Compensation Program combines test cases and other casework with aggressive law reform and community building to tackle the outstanding problems facing injured workers under the current law and policy.

Test cases primarily take place within the appeal system, but CLAS has also challenged the Board's position in all levels of the court system. The Napoli case, decided by the B.C. Supreme Court and Court of Appeal in 1981, first gave Canadian workers the right to see their files so that they could prepare an effective case for appeal. In Kovach v. Singh, decided by the Supreme Court of Canada in 2000, CLAS successfully argued on behalf of injured workers groups from B.C. and Ontario that workers must receive compensation for additional disability caused by negligent medical treatment. 

Since 1977, CLAS has organized and hosted the Workers' Compensation Advocacy Group, which meets monthly. The WCAG has nearly 200 members, including union reps, community advocates, injured workers' leaders, legal aid staff, workers' advisers, and lawyers who specialize in representing injured workers. The Group is recognized by WCB and the government as a major stakeholder for injured workers, and provides a workers' perspective on many law reform issues.

In 1998, CLAS was asked by the Royal Commission on Workers' Compensation in British Columbia to represent the interest of injured workers during the final phases of its long hearing process. It was an honour to be given this opportunity, and numerous submissions were made that would have advanced the interests of injured workers in many respects. Unfortunately, when the Royal Commission's recommendations were released in January, 1999, CLAS (along with the Federation of Labour and other worker advocates) was deeply disappointed. Five of the major recommendations in particular would have set back the rights of workers greatly, and CLAS was forced to work hard to oppose their implementation.

In 1999, CLAS and PovNet initiated a confidential email list which allows worker advocates and other representatives of injured workers to keep abreast of new developments in workers' compensation, and seek and provide advice on problem cases.

We may be able to help you if:

• You lost your appeal to the Workers’ Compensation Appeal Tribunal (WCAT) and want WCAT to reconsider their decision, or a court to overturn it; and
• The advocate who helped you at WCAT cannot assist you.

Workers' Compensation Projects

Support for Workers' Advocates

Supporting other worker advocates is one of the most important parts of CLAS's Workers' Compensation program.  We provide such support primarily through the Workers' Compensation Advocacy Group (WCAG) and the confidential email list which we co-sponsor with PovNet.

The WCAG holds monthly meetings at the BC Federation of Labour, where we frequently have guest speakers from the WCB or the appeal tribunals.  See the WCAG link for a calendar of upcoming meetings, agendas and notes from recent meetings, and other current news.

The WCAG is also recognized by the Board, tribunals, and government as one of the major "stakeholders" representing the interests of injured workers in BC.  The following article explains our role as an advocate for fair legislation, policies, and practices for injured workers.

The interactive worker's compensation email list is open to all advocates for injured workers, including union reps, workers' advisers, community advocates, legal aid staff, private and public lawyers, and leaders of injured workers groups.  We currently have about 200 members, mostly from BC, but there are representatives of most other provinces and territories as well.  For more information, contact Jim Sayre (jsayre - insert the @ sign here - clasbc.net) or phone (604) 685-3425

Policy and Law Reform Work

One of the most important parts of the CLAS/WCAG Workers' Compensation Program is our role in helping the workers' advocacy community promote and defend the right of injured workers to have their compensation on the basis of fair legislative rules and fair policy and practices.

At any given time there are usually several ongoing reviews initiated by the WCB, the Board of Directors, the appeal tribunals, or the government.  The WCAG works with the BC Federation of Labour and the Workers' Advisers Office to seek the best possible outcome for workers.

We will provide information about some of these ongoing and recent reviews on the linked pages.  Please see the list on the sidebar for details.