If you suffer a workplace injury in New Brunswick, you must report it to your employer immediately and seek medical attention. You must then promptly submit an official “Application for Workers’ Compensation Benefits” to WorkSafeNB to ensure your medical treatments are covered and to receive replacement income (typically 85% of your net earnings) while you recover.
A workplace injury can happen in a split second. Whether you sustain a severe back strain at a warehouse in Moncton, slip on an icy walkway at a Fredericton office, or suffer a repetitive strain injury from assembly work in Saint John, your life is instantly disrupted. The physical pain is often compounded by the intense anxiety of wondering how you will pay your bills if you cannot clock in for your next shift.
Fortunately, New Brunswick operates a no-fault workers’ compensation system administered by WorkSafeNB. 👷 This means that even if the accident was partly your fault, you are generally entitled to medical coverage and wage replacement, provided the injury arose out of and during the course of your employment. However, securing these benefits requires strict adherence to reporting timelines. In this guide, we will walk you through the exact steps to successfully file your WorkSafeNB claim.
Step-by-Step Process in New Brunswick
When an accident happens, the clock starts ticking. Delaying your report or failing to see a doctor can give WorkSafeNB grounds to deny your claim, assuming the injury occurred outside of work. Follow these steps meticulously to protect your livelihood.
Step 1: Get Immediate First Aid and Medical Care
Your health is the absolute priority. 🩺 If it is a severe emergency, have someone call 911 or take you directly to the nearest hospital. For less severe injuries, report to your workplace first aid attendant or visit a local clinic. When you speak to the doctor or nurse, you must clearly state that your injury happened at work. This ensures they fill out the correct medical reports required by WorkSafeNB.
Step 2: Report the Injury to Your Employer
Under provincial law, you must inform your employer about the injury immediately, or as soon as practically possible. Do not wait until the end of your shift or the next day if you are in pain. Tell your supervisor or HR department exactly what happened, where it happened, and who witnessed it. Your employer is legally required to document the incident and cannot punish you for reporting an injury.
Step 3: Submit the Application to WorkSafeNB
You cannot rely on your employer to do this for you; filing the claim is your responsibility. You must complete an Application for Workers’ Compensation Benefits. You can do this quickly and securely online through the WorkSafeNB MyServices portal, or by calling their tele-claim number. You will need to provide your Social Insurance Number (SIN), details of the accident, your employer’s contact info, and your treating physician’s details.
Step 4: Your Employer Submits the Form 67
Once you report the injury and miss time from work beyond the day of the accident, your employer is legally obligated to submit an Employer Report of Injury or Illness (formerly known as Form 67) to WorkSafeNB within 3 days. 📝 WorkSafeNB will compare your application, the employer’s report, and the doctor’s medical report to validate the claim.
Step 5: Follow the Return-to-Work Plan
WorkSafeNB focuses heavily on early and safe return to work. Once your claim is approved, you must follow all prescribed medical treatments and physiotherapy. If your doctor clears you for “modified duties” (like light desk work instead of heavy lifting), you must accept these tasks from your employer. Refusing safe, modified work can result in your WorkSafeNB benefits being cut off.
What Does WorkSafeNB Cover?
If your claim is approved, WorkSafeNB becomes your safety net, covering costs that your regular provincial medicare might not. 💵 Here is a breakdown of what you can expect to receive.
| Type of Benefit | Estimated Coverage (CAD) | Details |
|---|---|---|
| Loss of Earnings | 85% of net earnings | If you miss work, you generally receive 85% of your pre-accident net income, up to an annual maximum cap set by the province. |
| Medical Treatments | 100% of approved costs | Covers hospital visits, prescription medications related to the injury, and approved physiotherapy or chiropractic care. |
| Travel Expenses | Set mileage rate | Reimbursement for travelling out of your local area to see specialists or attend approved rehabilitation centres. |
| Permanent Impairment | Lump sum (Varies) | A specialized financial payout if your workplace injury results in a permanent loss of bodily function. |
It is important to note that WorkSafeNB payments are generally tax-free. You will receive a T5007 tax slip at the end of the year to report the income, but you do not pay income tax on these specific benefits.
How Long Does the Process Take?
Securing your first payment requires swift processing by all parties. ⏳ Once WorkSafeNB receives all three mandatory reports (from you, your employer, and your doctor), they typically make an initial decision on your claim within 3 to 14 days. If the claim is straightforward, your first wage-loss payment will usually arrive within two weeks of the accident. If the employer disputes the claim, the investigation may take significantly longer.
Frequently Asked Questions (FAQ)
Can I be fired for filing a WorkSafeNB claim?
No. Firing or disciplining an employee for reporting a workplace injury is strictly prohibited under New Brunswick law. If your employer retaliates against you, they can face severe penalties, and you may have grounds for a wrongful dismissal lawsuit or a human rights complaint.
Can I use my own doctor, or do I have to use a company doctor?
You have the legal right to seek medical treatment from the healthcare provider of your choice, whether that is your family doctor, a local walk-in clinic, or the hospital emergency room. Your employer cannot force you to see a doctor chosen by the company.
What happens if WorkSafeNB denies my claim?
If your claim is denied, you have the right to appeal. You can request a Decision Review within WorkSafeNB. If you disagree with that outcome, you can escalate the matter to the independent Workers’ Compensation Appeals Tribunal (WCAT). You should strongly consider consulting a workers’ advocate or a lawyer for the appeal.
Do I still get paid for the day the accident happened?
Yes. Under the provincial rules, your employer is legally responsible for paying your full regular wages for the entire day on which the injury occurred, even if you had to leave halfway through your shift to go to the hospital.
Can I sue my employer instead of using WorkSafeNB?
Generally, no. In exchange for the no-fault workers’ compensation system, New Brunswick law strips workers of the right to sue their employers or co-workers for workplace injuries. You must go through the WorkSafeNB system to receive compensation.
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