A Blue Collar Follower Wonders: Should I Hire a WCB Lawyer?
When faced with the complexities of challenging a WCB decision, many workers in Alberta find themselves at a crossroads: Should they hire a WCB lawyer to advocate on their behalf? At Blue Collar Consulting, we advise that you think long and hard before starting down this arduous road. Understanding the role of a WCB lawyer, the potential costs, and the alternatives available can help you make an informed decision.
(Q) I live in Alberta and want to challenge an entitlement decision on my claim. The question is, should I hire an Edmonton WCB lawyer or a Calgary WCB lawyer? And can I sue WCB for pain and suffering?
Understanding the Role of a WCB Lawyer: Is It the Right Choice for You?
Challenging a WCB claim decision often begins with working directly with your case worker and their supervisor. Statistics show that a significant number of disputes are resolved at this level without requiring further escalation—especially when you have a skilled advocate who understands WCB policies. However, if this approach fails, the next step involves filing a Request for Review (GO40), escalating the matter to the Decision Review and Dispute Resolution Board (DRDRB).
Should the DRDRB’s decision still not be in your favor, the Appeals Commission offers an independent review. As the final internal arbiter within the WCB system, the Appeals Commission’s decision holds considerable weight. If this avenue fails, you can seek a judicial review.
In simpler terms, challenging a WCB decision in court is an uphill battle that often hinges on legal technicalities rather than the facts of your case. The Court of King’s Bench is typically reluctant to overturn decisions made by the Appeals Commission, making it exceptionally difficult to succeed at this level. For this reason, resolving disputes within the WCB appeal levels is often your best option.
Appealing to the Court of King’s Bench is a complex process governed by strict legal procedures. According to section 13.4 of the Workers’ Compensation legislation, an appeal must be based on a question of law or jurisdiction, not on the facts of the case. This means the Court will only review whether the Appeals Commission acted within its legal authority and followed proper procedures.
To initiate an appeal, you must file an application within six months of the Appeals Commission’s decision. This application must include specific grounds for the appeal and the relief sought. Importantly, the Court cannot extend this six-month period, so timely action is essential. The process involves the Appeals Commission forwarding all relevant records to the Court, and the Court may receive further evidence if necessary to determine the legal or jurisdictional question at hand.
Given these complexities, hiring a WCB lawyer or specialist who is well-versed in these legal intricacies could be crucial to navigating this process effectively.
Costs and Considerations When Hiring a WCB Lawyer
One of the most common questions we encounter is, How much will it cost to hire a WCB lawyer? The reality is that legal representation can be expensive. Hourly rates for a WCB lawyer typically range from $250 to $450, with additional costs for file opening, faxes, photocopying, printing, courier services, court filing and service fees, clinical records, and expert report fees. These costs can quickly add up, and it’s crucial to consider whether the potential benefits justify the financial investment.
Engaging a lawyer for an appeal to the Court of King’s Bench involves not only these costs but also the detailed preparation required for the application. This includes compiling all relevant documents and ensuring strict adherence to legal timelines, as failure to do so could jeopardize the entire appeal. If the Court finds that the appeal is based solely on a technicality or formality, it may still deny the appeal if no substantial injustice has occurred.
For many, the thought of spending thousands of dollars on legal fees—especially when the outcome is uncertain—can be daunting. This is why it’s essential to weigh the costs against the potential gains carefully. In some cases, working with a WCB advocate, who often charges lower fees and has specialized knowledge of WCB policies, may be a more cost-effective and equally effective solution.
Can a Person Sue WCB?
Indeed you may sue the WCB, but only in very specific situations. For instance, you may not sue the Board for actions related to the injury claim itself. But you are at liberty, however, to sue WCB if the system willfully or negligently caused you to suffer harm, be it physical or mental in nature.
The workers’ compensation system in Canada, including Alberta, is designed as a no-fault insurance scheme. This means that workers relinquish the right to sue their employers and entities like WCB in exchange for guaranteed benefits, such as medical care, wage replacement, and rehabilitation support. The system aims to provide swift compensation without the need for litigation, which is why claims for pain and suffering are typically not permissible within the WCB framework.
There are, however, limited exceptions:
Gross Negligence: If there’s clear evidence that WCB or an employer acted with gross negligence or intentional misconduct, there may be grounds for a lawsuit. However, such cases are exceedingly rare and difficult to prove.
Third-Party Claims: While you generally cannot sue WCB or your employer, you might have the option to pursue a third-party lawsuit if a party other than your employer was responsible for your injury. For instance, if defective equipment caused your injury, you could potentially sue the manufacturer.
In Alberta, it’s crucial to consult with a legal professional to understand your specific rights and options. However, the general rule remains that suing WCB for pain and suffering is not an option within the standard workers’ compensation framework.
Frequently Asked Questions: What Else Should You Know?
Should I hire a WCB lawyer or a WCB advocate? This is a question we hear often. While WCB lawyers are essential for complex legal disputes, a WCB advocate might be more familiar with the inner workings of the WCB system. Advocates are often less expensive and can help resolve disputes through negotiation and strategic appeals without the need for costly litigation.
How long does the WCB appeal process take? The duration of the appeal process can vary based on the case’s complexity and the levels of appeal involved. While some cases are resolved within months, others, especially those progressing to the Appeals Commission or judicial review, may take over a year. It’s important to prepare for a potentially lengthy process and to work with a representative who can manage your case efficiently.
Can I sue my employer outside of WCB? Generally, workers’ compensation laws prevent you from suing your employer directly for workplace injuries. However, if your injury was caused by a third party, such as a manufacturer of defective equipment, you may be able to pursue a separate personal injury lawsuit.
Exploring Your Legal Options: Suing WCB for Pain and Suffering
In summary, before considering the costly route of hiring a WCB lawyer, explore the benefits of working with a WCB specialist. At Blue Collar Consulting, we’re here to provide the expertise and strategic negotiation skills that often lead to far superior outcomes. Contact us today to discuss your case and learn how we can help you navigate the WCB appeals process with confidence.
The Final Word
Time and again, our experience shows that strategic negotiation with WCB delivers far better outcomes than costly legal battles. Whether you’re considering a WCB lawyer in Edmonton, Calgary, or elsewhere in Alberta, let Blue Collar Consulting be your first line of defense. Contact us to explore how we can assist you in navigating the complex world of WCB claims and appeals.
