Incorrect charges applied to firm’s Workers’ Compensation account: This can happen to you!

A little while ago, I was contacted by a company who was paying a higher than average assessment rate. Upon review of the company’s claims history, I discovered that the WHSCC had, in error, assigned some costly claims to their account that should have been charged to another company they had previously owned but had ceased operations. The outcome resulted in skewed/inflated claims costs and increased assessments for their new company.

We were successful in having the costs removed and transferred to the old company and also requested the WHSCC retroactively recalculate the assessment rate of the active company resulting in a substantially lower rate, both retroactively and going forward. It provided our client with a substantial refund of thousands of dollars in overpaid premiums. The recalculated lower rate on a go forward basis permitted our client to be more competitive in his own industry.

We then requested the WHSCC pay interest on the retroactive amounts paid to the company and were denied forcing us to take the request to the external appeal process, the Workplace Health Safety & Compensation Review Division (WHSCRD) and were successful in arguing the client’s case. WHSCRD determined the employer was indeed entitled to interest on monies owed, and the WHSCC were ordered to pay.

Very few employers understand how the appeals process works as statistics tell us employer participation is very low and unfortunately, decisions rendered have a significant impact on employers.  We often complain about decisions, but seldom put a voice to it largely due to the fact that they are uncertain as to how to prepare or represent themselves in the appeal. Many view the process as intimidating as they do not have a firm grasp on workers’ compensation legislation or policies. Often they know the decision is wrong, but do not know how to prepare a case or where to turn for help.

Employers are major stake holders in the workers’ compensation system so don’t be afraid to question when something does not look right. You may be right!