medical expenses and worksafeBC claims
28Jan

When WorkSafeBC Payments Don’t Count Toward Damages

On October 14, 2025, the British Columbia Court of Appeal released its decision in Simms v. Alzawad, 2025 BCCA 346, upholding a trial ruling that limited an injured worker’s ability to recover certain WorkSafeBC payments as part of his damages award after a car accident.

While the defendant had already admitted fault, the appeal centered on whether WorkSafeBC vocational rehabilitation costs, such as job retraining expenses, should automatically be included in the damages payable by the at-fault party.

This decision provides important guidance for injured workers and employees in British Columbia, clarifying when WorkSafeBC expenditures are treated as “health care” costs that must be compensated and when courts may reject them under the Workers Compensation Act (WCA).

The Case at a Glance: What Happened?

John Simms, a hospital transfer driver, was injured in a motor vehicle collision in Vancouver in 2016 while working. Because the injury occurred in the course of employment, he received benefits from WorkSafeBC, including medical expenses and vocational rehabilitation funding intended to help him return to work.

At trial, the defendant admitted liability for the accident. The only question left for the court was how much compensation Mr. Simms was entitled to receive, including whether he could recover the $56,000+ in WorkSafeBC expenses as part of his damages.

The trial judge allowed recovery for medical and psychological care but disallowed vocational retraining expenses, finding they were “ill-suited” to Mr. Simms, who had no interest in office administration, the field for which he was retrained. Mr. Simms appealed, arguing that the WCA required all such payments to be included automatically.

What the Court of Appeal Decided

The Court of Appeal dismissed the appeal, confirming that not all WorkSafeBC expenditures qualify as “health care” costs that must be included in a damages award.

Key Findings:

1. Not Every WorkSafeBC Payment Is “Health Care.”
The Court clarified that “health care” under section 133 of the Workers Compensation Act includes only medical and treatment-related expenses. Vocational rehabilitation, such as job retraining or employment counselling, is not automatically considered health care.

2. Courts Can Assess the Reasonableness of Non-Health Care Costs.
If an expense is not “health care” under the Act, the injured worker must still prove it was reasonable and necessary at common law. In Mr. Simms’ case, the trial judge found the retraining program inappropriate and therefore not a reasonable expense because it was unrelated to his recovery or field of work.

3. Deference to Trial Findings.
The appeal court emphasized that it would not overturn factual findings unless there were a clear and overriding error, which was not present in this case.

In short, the appeal was dismissed, and the trial judgment stood.

Why This Matters for Injured Employees in BC

For employees receiving WorkSafeBC benefits after a workplace injury or accident, this case highlights that not every dollar spent by WorkSafeBC will automatically be recoverable from the person or company responsible for the injury.

Christopher Achkar - Employment Lawyer

As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:

“This case shows that even when WorkSafeBC covers expenses, not all will automatically count in a court award. Injured workers should get timely legal advice to understand which benefits are recoverable and how to protect their right to fair compensation.”  

Key Takeaways for Workers

  1. Understand What Counts as “Health Care.”
    Only medical and treatment-related costs, such as doctor visits, therapy, and rehabilitation directly linked to recovery, are guaranteed to be included in damage awards.
  2. Vocational Rehabilitation May Be Scrutinized.
    Expenses for retraining or job placement support must be proven to be reasonable, necessary, and connected to your recovery. Courts may reject costs that seem unnecessary or ineffective.
  3. WorkSafeBC Decisions Aren’t Always Final in Court.
    Even if WorkSafeBC approves a benefit or retraining plan, a court can still decide that certain costs shouldn’t be reimbursed by the at-fault party.
  4. Seek Legal Advice Early.
    If you are unsure whether WorkSafeBC’s coverage will fully protect your right to damages, consult an employment and injury lawyer before settling or pursuing a claim.

Protecting Your Rights After a Workplace Injury

WorkSafeBC claims and potential civil actions can be complex, especially when determining what damages you may recover.

Even if your employer or another party admits fault, the scope of compensation is not always clear-cut.

At Achkar Law, we help BC employees:

  • Understand their rights under the Workers Compensation Act and BC employment laws
  • Challenge denied or limited WorkSafeBC benefits
  • Seek fair compensation from at-fault parties in workplace-related injury claims

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©