If WorkSafeNB denies your claim, you generally have a strict 90-day limit to submit a Decision Review Application to the Decision Review Office (DRO). If you disagree with the DRO’s final decision, you have up to one year to appeal to the Workers’ Compensation Appeals Tribunal (WCAT).
Getting a letter in the mail stating your workplace injury claim was denied can be incredibly stressful. 🚨 When you are out of work and dealing with medical bills in New Brunswick, a denial feels like a massive roadblock. However, a denial is simply an initial decision, and the provincial system gives you a fair opportunity to fight back if you believe a mistake was made.
Whether you were injured in a factory in Moncton, an office in Fredericton, or a construction site in Saint John, the rules for challenging a WorkSafeNB decision are the same across the province. The most critical rule is understanding your deadlines. This guide will walk you through the timeline and steps required to successfully appeal your denied claim.
Step-by-Step Process in New Brunswick
The appeals process in New Brunswick is a multi-stage system starting with an internal review by the Decision Review Office (DRO). If necessary, you can further appeal to the independent Workers’ Compensation Appeals Tribunal (WCAT). 🏛️ Here is how you navigate the system.
Step 1: Review Your Decision Letter
The moment you receive your denial letter, read it carefully and note the date printed at the top. You have a strict 90-day limit from the date of the decision to request an internal review, not the day you receive the letter. The letter will explain exactly why WorkSafeNB denied your claim, which is vital for building your defence.
Step 2: Gather New Medical Evidence
To win an appeal, you usually need to prove that the initial decision was based on incomplete information. 🩺 You should return to your doctor or a specialist and ask for detailed medical reports that directly connect your physical or mental injury to your workplace duties.
Step 3: Seek Legal Assistance
You do not have to fight the system alone. In New Brunswick, you can reach out to the Office of the Workers’ Advocate for free representation. Alternatively, many injured workers choose to hire a local workers’ compensation lawyer or law firm to handle complex appeals and ensure no deadlines are missed.
Step 4: Request a Decision Review
You must submit a Decision Review Application to the DRO before your 90 days run out. 🖊 You will submit this directly to the Decision Review Office, not WCAT. If the DRO upholds the denial, you have up to one year from the date of the DRO’s decision to file a Notice of Appeal with WCAT.
How Much Does it Cost in New Brunswick?
Appealing a WorkSafeNB decision is generally accessible, and there are free options available for injured workers who cannot afford private legal help. 💰
- Tribunal Fees: Filing an appeal with WCAT is completely free. There are no court fees.
- Workers’ Advocate: If you qualify, representation from the Office of the Workers’ Advocate costs $0 CAD.
- Private Lawyer Fees: If you hire a private law firm in Moncton or Fredericton, they may charge an hourly rate or a contingency fee (usually taking 15% to 30% of any retroactive payouts you win). A standard retainer might start around $2,500 CAD.
| Filing the Appeal (WCAT) | $0 CAD | No provincial fees to file the form. |
| Medical Reports | $50 – $200 CAD | Doctors may charge for detailed written reports. |
| Private Law Firm | Varies (often percentage) | Recommended for highly complex or older claims. |
How Long Does the Process Take?
You have a mandatory maximum of 90 days to submit your Decision Review Application. ⌛ If you miss this window, the DRO will generally decline to review your case. If you later file a WCAT appeal within the one-year limit, getting a hearing date usually takes 4 to 8 months. After you present your case at the hearing, the tribunal legally has up to 90 days to issue their final written decision, though many decisions arrive sooner.
Frequently Asked Questions (FAQ)
Can I request a review after the 90 days have passed?
It is extremely difficult. The DRO will only grant an extension to the 90-day window in very rare circumstances, such as a severe medical emergency that physically prevented you from submitting the application in time.
Do I absolutely need a lawyer for a WCAT appeal?
No, you are allowed to represent yourself. However, the appeals process involves interpreting complex legislation, so having a lawyer or a Workers’ Advocate significantly improves your chances.
What happens if WCAT also denies my claim?
If the DRO review is unsuccessful, you can appeal to WCAT within one year. If WCAT also denies your claim, their decision is final. The only further step is a Judicial Review at the Court of King’s Bench, which is only allowed for errors in law or jurisdiction.
Will I get back pay if I win my appeal?
Generally, yes. If the tribunal decides that WorkSafeNB was wrong to deny your claim, you may be entitled to retroactive wage loss benefits covering the time you were wrongfully denied.
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