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Workers’ Compensation (WorkSafeNB) New Brunswick

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Welcome to the New Brunswick Workers’ Compensation (WorkSafeNB) guide centre. Here you will find comprehensive resources covering everything from filing a workplace injury claim to appealing a denied benefit, based on current provincial regulations.

Overview of Workers’ Compensation in New Brunswick

Workers’ compensation in the province is managed by WorkSafeNB, which operates under the Workers’ Compensation Act and the Occupational Health and Safety Act. This no-fault insurance system is designed to provide medical care, rehabilitation, and wage replacement to employees who suffer injuries or illnesses while on the job, regardless of who caused the accident.

Navigating the claims process can be highly overwhelming, especially when you are trying to recover from a serious physical or psychological injury. Disputes often occur when claims are denied, benefits are cut off prematurely, or there is disagreement about the severity of a permanent impairment. Understanding your rights and responsibilities within the WorkSafeNB system is vital to securing the support you need to heal and eventually return to work safely.

Common Legal Issues We Cover

Local Legal Context & Courts in New Brunswick

In New Brunswick, the initial review of an injury claim is handled directly by case managers at WorkSafeNB. If your claim is denied or you disagree with a decision regarding your medical benefits or wage replacement, the first step is usually requesting an internal review by a WorkSafeNB Decision Review Officer. If the internal review is unsuccessful, you can take your case to the Workers’ Compensation Appeals Tribunal (WCAT), an independent quasi-judicial body that hears appeals related to workplace injuries.

While WCAT decisions are generally final, an appeal on a strict question of law or jurisdiction can sometimes be escalated to the Court of King’s Bench of New Brunswick, or directly to the New Brunswick Court of Appeal depending on the specific legal grounds. Navigating these higher appellate levels requires a deep understanding of administrative law and the complex evidentiary standards required to overturn a previous ruling.

Professional Legal Help & Local Agencies

Dealing with a severe workplace injury is stressful enough without having to fight a large bureaucratic system for your rightful benefits. We strongly advise against representing yourself during a complex WCAT hearing or when appealing a major WorkSafeNB decision. Missing key filing deadlines or failing to present the correct medical evidence can result in your claim being permanently dismissed, leaving you without necessary financial support or medical care.

Retaining an experienced workers’ compensation lawyer ensures your medical records are properly evaluated, your appeals are filed on time, and your voice is strongly advocated for throughout the process. You can find a list of relevant local lawyers and government agencies at the top of this page.

Frequently Asked Questions (FAQ)

How long do I have to report a workplace injury in New Brunswick?

You must report any workplace injury or occupational disease to your employer immediately. Following that, you must formally file your application for compensation with WorkSafeNB as soon as possible, and absolutely no later than one year from the date of the accident or the diagnosis of the illness.

Does WorkSafeNB cover psychological injuries or PTSD?

Yes, WorkSafeNB does cover psychological injuries, including post-traumatic stress disorder (PTSD), provided they arise out of and occur during the course of employment. This can include an acute reaction to a traumatic workplace event or, in some cases, cumulative occupational stress.

Can I sue my employer for a workplace injury?

In the vast majority of cases, no. New Brunswick’s workers’ compensation system is a no-fault system. In exchange for guaranteed, no-fault compensation benefits through WorkSafeNB, workers generally give up their right to sue their employers or co-workers for negligence that caused the injury.

What happens if WorkSafeNB denies my initial claim?

If your claim is denied, you have the right to appeal. You must first request a formal review by a WorkSafeNB Decision Review Officer. If that decision is also unfavourable, you can formally appeal the matter to the independent Workers’ Compensation Appeals Tribunal (WCAT).

How much of my wages will WorkSafeNB cover while I am off work?

If you are unable to work due to an approved compensable injury, WorkSafeNB typically pays a percentage of your regular net earnings, up to an annual maximum threshold set by the province. This wage replacement benefit is designed to help you cover living expenses while you medically recover.

What is a permanent physical impairment (PPI) award?

If your workplace injury leaves you with a permanent loss of function or permanent disfigurement after you have reached maximum medical recovery, WorkSafeNB may grant you a permanent physical impairment award. This is usually a one-time lump-sum payment calculated based on the medical percentage of your impairment.