Understanding employer obligations to report workplace injuries to WorkSafeBC

Workplace safety is a cornerstone of a productive and sustainable working environment...and it is also the law. In British Columbia, WorkSafeBC plays a pivotal role in ensuring that safety standards are upheld and that workplace injuries are appropriately managed.

Employers in BC have specific responsibilities when it comes to reporting workplace injuries, but those requirements can often be confusing. Understanding these obligations is crucial not only for compliance but also for fostering a culture of safety and care within the workplace.

Timely reporting of workplace injuries is fundamental for several reasons:

• It engages the protection of workers’ compensation (WCB) coverage that employers pay into, which often then precludes lawsuits against the employer for workplace injuries.
• It ensures that injured workers receive the necessary medical attention and support as quickly as possible.
• It enables WorkSafeBC to conduct timely investigations, which can help prevent future incidents by identifying underlying safety issues.
• Prompt reporting also protects employers by ensuring compliance with legal requirements, thereby avoiding potential fines and penalties.

What constitutes a reportable injury for workers’ compensation?

Employers must report any work-related injury or illness that requires medical treatment beyond first aid or results in the worker being unable to perform their job duties. This includes incidents that lead to temporary or permanent disability and, in severe cases, fatalities.

It's important to note that even injuries that appear minor at first may escalate, necessitating reporting if the worker seeks medical attention later on.

Therefore, early reporting is the best approach!

Under the BC Workers Compensation Act, employers are required to report work-related injuries or diseases to WorkSafeBC within three days of an incident.

Reporting can be done in several ways: online through the WorkSafeBC website or by using the appropriate forms such as the Employer’s Report of Injury or Occupational Disease (Form 7).

Steps for reporting a workplace injury

Gather information: Before filing a report, gather all pertinent information about the incident. This includes the nature of the injury, the date and time of the incident, the location, and any witness accounts. It's also crucial to have details about the injured worker and their role within the company.

Complete the report: Fill out Form 7, ensuring accuracy in all details provided. The report should include a thorough description of the incident and any immediate actions taken by the employer following the injury.

Submit the report: Submit the completed form to WorkSafeBC through their online portal or via mail. Keeping a copy for your records is also advisable.

Supporting the injured worker

Beyond the administrative duty of reporting, employers have an obligation to support injured workers both under the Workers Compensation Act and the Human Rights Code. These obligations include facilitating access to medical treatment and accommodating any necessary time off for recovery. Moreover, employers should engage in open communication and co-operation with the employee to address any concerns and provide reassurance regarding job security and return-to-work plans.

WorkSafeBC encourages the implementation of return-to-work programs, which aim to reintegrate injured workers into the workplace safely. These programs are beneficial in reducing downtime and promoting recovery. Employers should work collaboratively with healthcare providers and WorkSafeBC to tailor these programs to the specific needs of the injured worker.

While reporting is a reactive measure, prevention is the best strategy. Employers should invest in comprehensive safety training and regularly review workplace safety protocols. Conducting risk assessments and promoting a culture of safety can significantly reduce the likelihood of workplace injuries.

Legal ramifications of non-compliance

Failure to report workplace injuries in accordance with WorkSafeBC regulations can lead to significant consequences. Employers may face administrative penalties, increased insurance premiums, and potential legal action. Additionally, non-compliance can damage the employer's reputation and erode trust with employees, which can impact morale and productivity.

Employers in British Columbia have a critical role to play in ensuring workplace safety and addressing injuries effectively when they occur. By promptly reporting to WorkSafeBC and supporting injured workers, employers demonstrate a commitment to safety and legal compliance. This not only helps in managing the immediate effects of workplace injuries but also contributes to a safer and more supportive work environment.

While this article touches specifically on the injury or accident reporting obligations, the workers’ compensation system is becoming increasingly complex in most jurisdictions. As such, it is important to stay up to date.

Richard B. Johnson is a co-founder and partner at Ascent Employment Law in Vancouver.