Appealing a Claim Decision

The appeal process—what it is and how it works

When WCB makes a decision—whether on a claim, your industry classification, or your rate—it’s based on the information we have (including medical records, when relevant) and the laws and rules set out in the Workers’ Compensation Act.

Decisions are not made lightly. They are designed to be fair, consistent, and transparent.

But you may disagree with a decision. If that happens, you have the right to appeal. An appeal asks the WCB to review the decision again, focusing on possible errors — not on reopening the entire claim or account.

What can you appeal?

As an employer, you may appeal decisions related to:

• Claims – including whether a claim is accepted, the benefits awarded, or decisions made on a worker’s appeal
• Classification or rate – if you believe your workplace has been placed in the wrong industry classification or your rate is incorrect
• Penalties applied to your account

What to expect during an appeal

You will be notified when we receive your appeal request

Someone from WCB's Internal Appeals department will contact you to confirm we received your appeal. You’ll also get a letter outlining the next steps.

The worker will be notified

If your appeal relates to a worker’s claim, the worker will be informed. They have the right to participate in the appeal, provide information, and may request a copy of information from the 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 an appeal does not reopen the entire claim. Appeals focus only on specific errors or mistakes.

You’ll be given time to send additional information to the hearing officer

Both you and the worker (if they are participating) may send more information for the hearing officer to consider. You’ll each receive a letter confirming the deadline to submit information.

A review will take place

Most appeals are reviewed by looking at the claim file along with any additional information provided. In some cases, you may be asked to join a meeting with the hearing officer, which could also include the worker. This may happen in person or online.

You will get an appeal decision

When the appeal is finished, you’ll receive a formal written decision explaining the outcome. Timelines can vary—some appeals are resolved within 90 days, while others may take longer.

Before starting an appeal

In many cases, issues can be resolved without a formal appeal. If you want to appeal, contact your WCB case worker or WCB account manager first. They can explain:

• Why the decision was made
• How it follows the Workers’ Compensation Act and WCB policy
• How the appeal process works

To start an appeal, a formal written decision is needed. The formal written decision is what you are appealing. If you don’t have one, you have the right to request a formal written decision from the WCB Case worker or Account Manager.

When there is new information

If you receive new information after WCB has made a decision, share it with your case worker. If the information is significant, the decision may be changed without going through the appeal process.

How to start an appeal

You have 30 days from the date of the written decision to file your appeal. The decision must be in writing. If you don’t have a formal written decision, you have the right to request one from the case worker or account manager.

The easiest and fastest way to send your appeal is through MyAccount.

You can also fill out the Notice of Appeal to Hearing Officer – Employer form (PDF) and send it to WCB by mail or fax.

Mail:

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

Accessing claim information

If your appeal relates to a worker’s claim, you have the right to request a copy of the relevant claim information to prepare your appeal. To request this, contact your case worker or send a secure message through MyAccount.

After the appeal

If you still disagree with the WCB’s appeal decision, you can appeal further to the Workers’ Compensation Appeals Tribunal (WCAT).

WCAT is independent from the WCB and reports directly to the Minister of Justice.

You must file your appeal with WCAT within 30 days of receiving the hearing officer’s decision.

WCAT: 1-800-274-8281

The WCAT also provides a brochure: Appealing a Hearing Officer’s Decision (PDF).

After WCAT – If you still disagree after WCAT, you may request “leave to appeal” to the Nova Scotia Court of Appeal. Only some requests are permitted to proceed.