Workers - WorkSafeNB

More documents

Recommendations

Info

Coverage and reporting COVERAGE AND REPORTING OF ACCIDENTS What is workers’ compensation? <strong>Workers</strong>’ compensation is a no-fault liability insurance system that provides financial, medical and rehabilitation assistance for workers covered by workers’ compensation who are injured as a result of their employment, or who suffer from an occupational disease. The WC Act substitutes the injured worker’s right to legal action against an employer with a no-fault and prompt method of compensation. Who pays for workers’ compensation? Employers with more than three part-time or full-time employees pay assessments to fund the workers’ compensation program. <strong>Workers</strong> do not contribute financially to the program, and employers are not permitted to collect compensation contributions directly from employees. What is an accident? Under the WC Act, an accident must arise out of employment and in the course of employment, and includes one of the following: • A willful and intentional act, not being the act of the worker who suffers the accident. • A chance event or incident occasioned by a physical or natural cause. • A disablement caused by an occupational disease. • A disablement or disabling condition caused by employment. An accident does not include the disablement of mental stress or disablement caused by mental stress, unless that disablement resulted from an acute reaction to a traumatic event. What is an occupational disease? An occupational disease is a disease declared to be an occupational disease by regulation, a disease peculiar to or characteristic of an industrial process, trade or occupation, or a disease that arises out of and in the course of employment. What does the term compensation mean? The term compensation refers to a monetary payment made to an injured worker to partially reimburse lost earnings that result from a workplace injury. How do I know if I am covered by the WC Act? As a general rule, the WC Act covers every person who works for a company that employs three or more workers. However, there is one exception to this rule. In the fishing industry, coverage is only required for companies that employ 25 or more workers at the same time. The WC Act does not cover family members of the employer who reside with the employer and who are under 16 years of age, persons employed as domestic servants, Armed Forces personnel, professional athletes and members of the Royal Canadian Mounted Police. 8
[coverage and reporting] As a general rule, the WC Act covers every person who works for a company with three or more employed workers. If you are unsure of your coverage, ask your employer if the business has workers’ compensation insurance for its employees. You can also call our Assessment Services inquiry line at 1 800 222-9775. How long do I have to apply? Application for compensation must be made within one year after the accident has occurred. However, there are circumstances where the Commission may pay the claim if, in its opinion, it is a just one, and ought to be allowed. Do I have to work full time to be covered? If you work for an employer that must have workers’ compensation insurance, you are covered whether you are a full-time, part-time, temporary or casual worker. What if I am a volunteer firefighter? Volunteer firefighters are considered employees of the village, town or municipality that hires them and are protected by the WC Act while carrying out firefighting duties. Volunteer firefighters are protected from the time they receive an emergency call until the time they return home, or to the place from which they responded to the emergency, as long as they used the most direct route. Volunteer firefighters are also covered as they perform duties relating to the maintenance of firefighting equipment and as they attend training sessions authorized by the fire chief. What types of injuries should I report to file a claim? You and your employer should complete Form 67 – Report of Accident or Occupational Disease for all work-related injuries, whether or not you lose time from work. Are there any conditions or situations that may affect my coverage? If you believe your injury is work-related, always report the injury. The Commission reviews and assesses all claims on a case-bycase basis. Benefits will not be paid if the injury is not work-related. Some conditions or situations that are not considered work related include pre-existing or unrelated health problems such as diabetes, arthritis, or old sports injuries. However, if you are injured at work, and the injury makes a pre-existing condition worse, you may be eligible to receive benefits during your recovery period. Am I covered when travelling to and from work? Generally, if you are in an accident while travelling to and from work, you are not covered by workers’ compensation. However, if you are travelling at the request of your employer, you may be covered. The Commission reviews each case individually. 9
Page 1 and 2: Reprinted November 2012 www.worksaf
Page 3 and 4: PAGE 4 PAGE 7 PAGE 8 WHAT IS THE WH
Page 5 and 6: [table of contents] PAGE 26 PAGE 30
Page 7 and 8: [what is the WHSCC?] GUIDING PRINCI
Page 9: [what is the WHSCC?]
Page 13 and 14: [coverage and reporting] “Am I co
Page 15 and 16: If you are injured IF YOU ARE INJUR
Page 17 and 18: After filing a claim ROLES AND RESP
Page 19 and 20: Compensation benefits COMPENSATION
Page 21 and 22: [compensation benefits] During the
Page 23 and 24: [compensation benefits] What is a s
Page 25 and 26: [compensation benefits] Is there a
Page 27 and 28: Case management CASE MANAGEMENT Wha
Page 29 and 30: [return to work] The WHSCC is respo
Page 31 and 32: [return to work] When employers ref
Page 33 and 34: Appeals QUESTIONING A DECISION What
Page 35 and 36: [appeals] Can my employer appeal a

Workers - WorkSafeNB

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?