Most WorkSafeNB appeals lawyers in New Brunswick work on a contingency fee basis. This means you do not pay any upfront legal fees; instead, the law firm takes a percentage (typically 15% to 30%) of the retroactive lump-sum settlement they win for you at the Workers’ Compensation Appeals Tribunal (WCAT).
Having your WorkSafeNB claim denied or your loss of earnings benefits prematurely cut off can be devastating. When you are injured and unable to work, fighting a massive provincial bureaucracy is the last thing you should handle alone.
Fortunately, accessing professional legal representation in cities like Moncton, Bathurst, or Fredericton is easier than you might think. Because most injury law firms use specific billing models, you can generally hire an experienced lawyer to fight your appeal without worrying about hourly fees. 📍
Step-by-Step Process in New Brunswick
Appealing a WorkSafeNB decision involves strict deadlines and a clear administrative process. A lawyer will guide you through each of these steps to maximize your chances of success.
Step 1: Requesting a Decision Review
If you disagree with a case manager’s decision, the first step is to file an Application for Review with the Decision Review Office (DRO). You typically only have 90 days from the date of the decision letter to file this request. 📄
A review officer will look at your file to see if the case manager applied the law and internal policies correctly. Many injured workers hire a law firm at this early stage to help draft a compelling legal argument.
Step 2: Appealing to the WCAT
If the DRO upholds the denial, your next step is to file an appeal with the Workers’ Compensation Appeals Tribunal (WCAT). The WCAT is an independent body, separate from WorkSafeNB, that hears appeals across the province.
Your lawyer will prepare you for a formal hearing, gather updated medical evidence from your specialists, and cross-examine witnesses if necessary.
Step 3: Receiving Your Retroactive Payout
If your law firm wins the appeal, the WCAT may order WorkSafeNB to pay you the benefits you should have received all along. This often results in a large, retroactive lump-sum cheque.
It is from this specific lump sum that your lawyer’s contingency fee will be deducted. Moving forward, you will keep 100% of your ongoing monthly benefit payments.
How Much Does it Cost in New Brunswick?
Because injured workers rarely have money to pay lawyers upfront, the legal industry has adapted to offer accessible fee structures:
- Free Consultations: Most personal injury and workers’ compensation law firms offer a completely free initial consultation to review your WorkSafeNB denial letter.
- Contingency Fees: If they take your case, lawyers usually charge 15% to 30% of the retroactive lump-sum amount they recover for you. If you lose the appeal, you pay zero legal fees.
- Hourly Rates: A small number of lawyers charge an hourly rate of $200 to $450 CAD, but this is incredibly rare for WorkSafeNB claims and generally not recommended.
- Disbursements: You may be responsible for “out-of-pocket” costs, such as paying a doctor to write a specialized medical-legal report. These reports can cost between $500 and $2,000 CAD, though some law firms cover these costs upfront.
How Long Does the Process Take?
The appeals process is unfortunately slow. A Decision Review Office (DRO) review typically takes 30 to 90 days to complete. ⏱
If you must escalate your case to a full Workers’ Compensation Appeals Tribunal (WCAT) hearing, the entire process from filing the appeal to receiving the final written decision can take 6 to 12 months, depending on the tribunal’s backlog.
Frequently Asked Questions (FAQ)
Can I represent myself at the WCAT?
Yes, you are legally allowed to represent yourself, or you can use a free Workers’ Advocate provided by the government. However, WCAT hearings involve complex interpretations of the Workers’ Compensation Act, so having a private law firm often yields better results.
Does Legal Aid cover WorkSafeNB appeals?
No. The New Brunswick Legal Aid Services Commission primarily handles family law and criminal matters. They do not provide lawyers for workers’ compensation appeals.
Who pays for my doctor’s reports during the appeal?
If WorkSafeNB asks for a report, they pay for it. If your lawyer asks your doctor to write a special report to support your appeal, you (or your law firm) must pay for it out-of-pocket as a “disbursement.”
Can the lawyer take a percentage of my future cheques?
No. Under standard contingency fee agreements in Canada, the lawyer only takes a percentage of the retroactive lump-sum payment (the back pay) that was won at the appeal. Your future bi-weekly income replacement cheques are 100% yours to keep.
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