WCB Occupational Disease Coverage

New Presumptive Coverage for Occupational Diseases

What has changed about how the WCB adjudicates claims for occupational diseases?

A new “Schedule of Occupational Diseases Regulation” has been added to the Workers Compensation Act. It provides “presumptive coverage” for a number of occupational diseases where there is a corresponding workplace exposure to the cause of the disease.

What does “presumptive coverage” mean?

Previously, to have a workers compensation claim accepted for an occupational disease the worker needed to show that their work was the “dominant cause” of their illness. Now, when a worker develops one of the listed occupational diseases and their current or past occupation is associated with the listed exposure, WCB will presume that the workplace exposure is the dominant cause of the disease. This can greatly ease getting a worker’s compensation claim accepted.

When does the new Schedule take effect?

While the list was established September 1, 2023, the presumptive coverage applies to all claims where the worker’s impairment or loss of earnings began on or after January 1, 2022. Workers who submitted claims before the Schedule was established on September 1, 2023, but had impairment or loss of earnings beginning on or after January 1, 2022, should ask to have their claims reviewed.

What occupational diseases and workplace exposures are listed in the Schedule?

The listed occupational diseases include cancers, asbestos-related diseases, poisonings, respiratory illnesses, infections and more. The corresponding exposures include such substances as asbestos, arsenic, carbon monoxide, lead, manganese, benzene, phosphorous, coal tar products, dusts, fumes or mists containing nickel and more. The full list can be found at this link.

If I have had a listed workplace exposure and I have the listed disease or develop the disease in the future, does this mean my claim is automatically accepted?

No, the presumption is “rebuttable”, meaning that if there is clear evidence proving that work was not the dominant cause of your disease, the presumption will not apply.

What if I have what I believe is an occupational disease that is not on the list or I develop one in the future? Should I still file a WCB claim?

A: Yes, just because a disease is not listed in the Schedule does not mean a claim will not be accepted. You would just not have the benefit of presumptive coverage and instead would have to show that work was the dominant cause of your disease.

What if I do not have a disease but I have been exposed to one of the listed substances, or become exposed in the future?

If you have been or become exposed to a dangerous workplace substance, whether it is on the Schedule’s list or not, you should report a “Statement of Concern” to the WCB. This provides a record so that if you get an occupational disease in the future there is evidence of the exposure. You can create the report by contacting the WCB’s General Enquiry Line at 204-954-4321 or 1-855-954-4321. There is more information here.

If you are exposed to such a hazard you can also exercise your Right to Refuse Unsafe Work to have the hazard investigated and, necessary, corrected. You can find information on that process here.

Is it possible that additional diseases and exposures will be added to the list?

The WCB has committed to regularly reviewing the list and updating it based on scientific evidence. The MFL continues to lobby the WCB to expand the list to cover all diseases linked to known workplace exposures.