Appealing a Claim Decision

The appeal process—what it is and how it works

A lot of care goes into making a decision on your claim. All the information in your file—including medical records—is carefully reviewed.

Decisions are not made lightly. They are based on the laws and rules set out in the Workers’ Compensation Act. By following these established rules, we help ensure the process is fair, consistent, and transparent for everyone.

But you may not agree with a decision. You may think a mistake was made. So what can you do?

When you think the wrong decision was made, you have the right to appeal that decision. Think of an appeal as asking the WCB to have another look at the decision on your claim.

What can you appeal?

You can appeal any decision made on your claim. Appeals typically relate to whether your claim is accepted, what benefits are provided, or how much is paid.

Some examples of claim decisions that you may appeal:

Claim not accepted

If the WCB does not accept your workplace injury claim when it is first reviewed for eligibility.

Benefit payment amount

If you believe the compensation payments you receive were incorrectly calculated.

Duration of benefits

If you disagree with how long your benefits are being paid or if they’re being cut off too soon.

Medical coverage decisions

If the WCB denies coverage for certain medical treatments, medications, or rehabilitation services.

What to expect during an appeal

You will be notified when we receive your appeal request

Someone from the WCB Internal Appeals department will reach out to you to confirm we received your appeal, and answer any questions you may have about the process. You’ll get a letter to confirm the next steps.

Your employer will be notified

Since claims decisions affect them as well, your employer has the right to get involved and participate in the appeal. They will also have the right to present information in the process and may request a copy of information from your file.

A hearing officer will be assigned to your appeal

A WCB hearing officer will be assigned to review the specific decision being appealed. It’s important to know that making an appeal is not going to re-open your entire claim and look at everything all over again. Appeals focus on specific errors or mistakes.

You’ll be given time to send additional information to the Hearing Officer

Both you and your employer may send more information for the Hearing Officer to consider. You will get a letter giving you the deadline to submit information, and so will your employer, if they are participating in the appeal.

A review will take place

The hearing officer will conduct their review. Most reviews take place by a file review, including additional information sent by you and your employer during the appeals process. In some cases, you may be asked to join a meeting with the Hearing Officer, which may include your employer. This could take place in person or online.

You will get an appeal decision

When the appeal is done, you will receive a formal written appeal decision which explains the outcome. The time it takes to go through an appeal from start to finish can depend on many things. It could be completed within 90 days, or take much longer.

Before starting an appeal

If you want to appeal a decision, get in touch with your case worker. Tell them you don’t agree with a decision on your claim—and you want to appeal that decision (in other words, you want to have the decision looked at again). Your case worker can answer any questions you have about why the decision was made. They can explain how the decision is within the rules of the Workers Compensation Act and WCB Policy. They can also tell you about the appeal process. Your case worker may be able to resolve the issue without an appeal. 

When there is new information

If you receive new information after the WCB has made a decision on your claim, get in touch with your case worker. Depending on the information, your case worker may be able to change the decision without an appeal. Start by calling the case worker to discuss the new information.

How to start an appeal

You have 30 days from the claims decision to file your appeal with the WCB. The decision must be in writing. If you don’t have a formal written decision, you have the right to request one from your case worker.

The easiest and fastest way to send your appeal to the WCB is online.

You can also fill out an appeal form (PDF) and send it to the WCB by mail or fax.

Mail: 
WCB Internal Appeals Department 
PO Box 1150 
Halifax, NS B3J 2Y2 
Fax: 902-491-8001

You have a right to get a copy of your claim file.

Having a copy of your file may help you prepare for your appeal.

To get a copy, download the request a photocopy of your file form (PDF). Send the completed form back to us as a secure message, through WCB Online.

Or mail it back to us at: 
Photocopy Clerk 
Workers’ Compensation Board of Nova Scotia 
PO Box 1150 
5668 South Street 
Halifax, NS B3J 2Y2

After the appeal

After you receive a decision, if you still disagree with the WCB’s claim decision after the appeal process, you can take your appeal to the Workers’ Compensation Appeals Tribunal (WCAT).

The WCAT reports directly to the Minister of Justice and is not part of WCB.

You must file your appeal to the WCAT within 30 days of receiving the WCB hearing officer’s decision from the first appeal.

WCAT: 1-800-274-8281

The WCAT offers a helpful brochure: Appealing a Hearing Officer's Decision (PDF)

After WCAT, if your appeal was part of a WCAT appeal, you have the right to request ‘leave to appeal’ to the Nova Scotia Court of Appeal. Only some appeal requests will be given permission to proceed.