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This Act is current to February 24, 2021
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Workers Compensation Act

[RSBC 2019] CHAPTER 1

Deposited with Clerk of the Legislative Assembly on August 23, 2019

[Note: the dollar amounts shown in sections 94, 95, 102, 167, 169, 170 to 175, 191, 194, 208, 213, 225, 231, 236, 251 and 349 may not reflect the current consumer price index adjustments referred to in section 333, and the maximum wage rate shown in section 209 (2) and 227 may not be current.

Current information may be found on the Workers' Compensation Board website at www.worksafebc.com/en/law-policy/claims-rehabilitation/claims-related-consumer-price-index or may be obtained by calling your WorkSafeBC regional office.]

Schedule 1

Presumption of Occupational Disease Related to Specific Process or Industry

ItemColumn 1
Description of Disease
Column 2
Description of Process or Industry
1Poisoning by: 
(1) LeadWhere there is exposure to lead or lead compounds.
(2) MercuryWhere there is exposure to mercury or mercury compounds.
(3) Arsenic or arsineWhere there is exposure to arsenic or arsenic compounds.
(4) CadmiumWhere there is exposure to cadmium or cadmium compounds.
(5) ManganeseWhere there is exposure to manganese or manganese compounds.
(6) Phosphorus, phosphine or the anti-cholinesterase action of organic phosphorus compoundsWhere there is exposure to phosphorus or phosphorus compounds.
(7) Organic solvents, including n-hexane, carbon tetrachloride, trichloroethane, trichloroethylene, acetone, benzene, toluene and xyleneWhere there is exposure to organic solvents.
(8) Carbon monoxideWhere there is exposure to products of combustion or to any other source of carbon monoxide.
(9) Hydrogen sulphideWhere there is excessive exposure to hydrogen sulphide.
(10) Nitrous fumes, including silo-filler's diseaseWhere there is excessive exposure to nitrous fumes, including the oxides of nitrogen.
(11) Nitriles, hydrogen cyanide or its soluble saltsWhere there is exposure to chemicals containing -CN group, including certain pesticides.
(12) PhosgeneWhere there is excessive exposure to phosgene, including its occurrence as a breakdown product of chlorinated compounds by combustion.
(13) Other toxic substancesWhere there is exposure to such toxic gases, vapours, mists, fumes or dusts.
2Infection caused by:
(1) Psittacosis virusWhere there is established contact with ornithosis-infected avian species or material.
(2) Salmonella organisms, Staphylococcus aureus, or Hepatitis B virus Where close and frequent contact with a source or sources of the infection has been established and the employment necessitates
(a)the treatment, nursing or examination of or interviews with patients or ill persons,
(b)the analysis or testing of body tissues or fluids, or
(c)research into salmonellae, pathogenic staphylococci or Hepatitis B virus.
(3) Brucella organisms, including Undulant feverWhere there is contact with animals, animal carcasses or animal by-products.
(4) Tubercle bacillusWhere close and frequent contact with a source or sources of tuberculous infection has been established and the employment necessitates
(a)the treatment, nursing or examination of patients or ill persons,
(b)the analysis or testing of body tissues or fluids, or
(c)research into tuberculosis by a worker who,
 (i)when first engaged, or after an absence from employment of the types mentioned in these regulations for a period of more than one year, when re-engaged in such employment was free from evidence of tuberculosis, and
 (ii)continued to be free from evidence of tuberculosis for 6 months after being so employed, except in the case of primary tuberculosis as proven by a negative tuberculin test at the time of employment. In the case of a worker previously compensated for tuberculosis, any subsequent tuberculosis after the disease has become inactive and has remained inactive for a period of 3 years or more is not to be considered to have occurred as a result of the original disability, unless the worker is still engaged in employment listed above or the Board is satisfied that the subsequent tuberculosis is the direct result of the tuberculosis for which the worker has been compensated.
3Pneumoconiosis:
(1) SilicosisWhere there is exposure to airborne silica dust, including in metalliferous mining and coal mining.
(2) AsbestosisWhere there is exposure to airborne asbestos dust.
(3) Other pneumoconiosesWhere there is exposure to the airborne dusts of coal, beryllium, tungsten carbide, aluminum or other dusts known to produce fibrosis of the lungs.
4Diffuse pleural thickening or fibrosis, whether unilateral or bilateralWhere there is exposure to airborne asbestos dust and the worker has not previously had and does not currently have collagen disease, chronic uremia, drug-induced fibrosis, tuberculosis or other infection, trauma or disease capable of causing pleural thickening or fibrosis.
5Benign pleural effusion, whether unilateral or bilateralWhere there is exposure to airborne asbestos dust and the worker has not previously had and does not currently have collagen disease, chronic uremia, tuberculosis or other infection, trauma or disease capable of causing pleural effusion.
6Cancer:
(1) Primary carcinoma of the lung when associated with asbestosisWhere there is exposure to airborne asbestos dust.
(2) Primary carcinoma of the lung when associated with bilateral diffuse pleural thickening over 2 mm thickWhere there is exposure to airborne asbestos dust and the worker has not previously had collagen disease, chronic uremia, drug-induced fibrosis, tuberculosis or other infection or trauma capable of causing pleural thickening.
(3) Primary carcinoma of the lung Where there is exposure to airborne asbestos dust for a period of 10 years or more of employment in one or more of the following industries:
(a)asbestos mining;
(b)insulation or filter material production;
(c)construction, where there is disturbance of asbestos-containing materials;
(d)plumbing or electrical work;
(e)pulp mill work;
(f)shipyard work;
(g)longshoring.
(4) Mesothelioma, whether pleural or peritonealWhere there is exposure to airborne asbestos dust.
(5) Carcinoma, associated with asbestosis, of the larynx or pharynxWhere there is exposure to airborne asbestos dust.
(6) Gastrointestinal cancer, including all primary cancers associated with the esophagus, stomach, small bowel, colon and rectum excluding the anus, and without regard to the site of the cancer in the gastrointestinal tract or the histological structure of the cancerWhere there is exposure to asbestos dust if, during the period between the first exposure to asbestos dust and the diagnosis of gastrointestinal cancer, there has been a period of, or periods adding up to, 20 years of continuous exposure to asbestos dust and such exposure represents or is a manifestation of the major component of the occupational activity in which the exposure occurred.
(7) Primary cancer of the lung Where there is prolonged exposure to any of the following:
(a)aerosols and gases containing arsenic, chromium, nickel or their compounds;
(b)bis(chloromethyl) ether;
(c)the dust of uranium, or radon gas and its decay products;
(d)particulate polycyclic aromatic hydrocarbons.
(8) Leukemia or pre-leukemiaWhere there is prolonged exposure to benzene or to ionizing radiation.
(9) Primary cancer of the skinWhere there is
(a)prolonged contact with coal tar products, arsenic or cutting oils, or
(b)prolonged exposure to solar ultraviolet light.
(10) Primary cancer of the epithelial lining of the urinary bladder, ureter or renal pelvisWhere there is prolonged exposure to beta-naphthylamine, benzidine or 4-nitrodiphenyl.
(11) Primary cancer of the mucous lining of the nose or nasal sinusesWhere there is prolonged exposure to
(a)dusts, fumes or mists containing nickel, or
(b)the dusts of hard woods.
(12) Angiosarcoma of the liverWhere there is exposure to vinyl chloride monomer.
7Asthma Where there is exposure to any of the following:
(a)western red cedar dust;
(b)isocyanate vapours or gases;
(c)the dusts, fumes or vapours of other chemicals or organic material known to cause asthma.
8Extrinsic allergic alveolitis, including farmers' lung and mushroom workers' lungWhere there is repeated exposure to respirable organic dusts.
9Acute upper respiratory inflammation, acute pharyngitis, acute laryngitis, acute tracheitis, acute bronchitis, acute pneumonitis or acute pulmonary edema, excluding any allergic reaction, reaction to environmental tobacco smoke or effect of an infectionWhere
(a)there is exposure to a high concentration of fumes, vapours, gases, mists or dusts of substances that have irritating or inflammatory properties, and
(b)the respiratory symptoms occur within 48 hours of the exposure or, if there is exposure to nitrogen dioxide or phosgene, within 72 hours of the exposure.
10Metal fume feverWhere there is exposure to the fumes of zinc or other metals.
11FluorosisWhere there is exposure to high concentrations of fluorine or fluorine compounds, whether in gaseous or particulate form.
12Neurosensory hearing lossWhere there is prolonged exposure to excessive noise levels.
13Bursitis:
(1) Knee bursitis (inflammation of the prepatellar, suprapatellar or superficial infrapatellar bursa) Where
(a)there is repeated jarring impact against the involved bursa, or
(b)there are significant periods of kneeling on the involved bursa.
(2) Shoulder bursitis (inflammation of the subacromial or subdeltoid bursa)Where there is frequently repeated or sustained abduction or flexion of the shoulder joint greater than 60° and where such activity represents a significant component of the employment.
14Tendinopathy:
(1) Hand-wrist tendinopathyWhere there is use of the affected tendon or tendons to perform a task or series of tasks that involve any 2 of the following and where such activity represents a significant component of the employment:
(a)frequently repeated motions or muscle contractions that place strain on the affected tendon or tendons;
(b)significant flexion, extension, ulnar deviation or radial deviation of the affected hand or wrist;
(c)forceful exertion of the muscles used in handling or moving tools or other objects with the affected hand or wrist.
(2) Shoulder tendinopathyWhere there is frequently repeated or sustained abduction or flexion of the shoulder joint greater than 60° and where such activity represents a significant component of the employment.
15Decompression sicknessWhere there is exposure to increased air pressure.
16Contact dermatitisWhere there is excessive exposure to irritants, allergens or sensitizers ordinarily causative of dermatitis.
17Hand-arm vibration syndromeWhere there has been at least 1 000 hours of exposure to tools or equipment that causes the transfer of significant vibration to the hand or arm of the worker.
18Radiation injury or disease:
(1) Due to ionizing radiationWhere there is exposure to ionizing radiation.
(2) Due to non-ionizing radiation:
  (a) conjunctivitis or keratitisWhere there is exposure to ultraviolet light.
  (b) cataract or other thermal damage to the eyeWhere there is excessive exposure to infrared, microwave or laser radiation.
19Erosion of incisor teethWhere there is exposure to acid fumes or mist.
20Infection that isWhere
  (a) there is a risk of exposure to a source or sources of infection significantly greater than that to the public at large,
  (b) the risk of exposure occurs during the applicable notice or emergency under column 1, and
  (c) the risk of exposure occurs within the geographical area of the applicable notice or emergency under column 1.
(1) caused by communicable viral pathogens, and
(2) the subject of one or more of the following:
  (a) notice given under section 52 (2) of the Public Health Act;
  (b) a state of emergency declared under section 9 (1) of the Emergency Program Act;
  (c) a state of local emergency declared under section 12 (1) of the Emergency Program Act;
  (d) an emergency declared under section 173 of the Vancouver Charter.

Schedule 2

Non-Traumatic Hearing Loss

Complete loss of hearing in both ears equals 15% of total disability. Complete loss of hearing in one ear with no loss in the other equals 3% of total disability.

Loss of Hearing in Decibels Measured in Each Ear in TurnPercentage of Total Disability
Ear Most Affected PLUS Ear Least Affected
0-2700
28-320.31.2
33-370.52.0
38-420.72.8
43-471.04.0
48-521.35.2
53-571.76.8
58-622.18.4
63-672.610.4
68 or more3.012.0

The loss of hearing in decibels in the first column is the arithmetic average of thresholds of hearing measured in each ear in turn by pure tone, air conduction audiometry at frequencies of 500, 1 000 and 2 000 Hertzian waves, the measurements being made with an audiometer calibrated according to standards prescribed by the Board.

Contents | Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Schedules | Revision Schedules | Consumer Price Index Adjustments