COMPENSATION A Guide for New Brunswick ... - WorkSafeNB

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Compensation and RehabilitationBenefits aN_iNJured Worker Can ReceiveAn injured worker whose claim has been acceptedby WorkSafeNB may be entitled to some or all of thefollowing benefits, provided for under the WC Act:• Payment for lost work-related earnings• Medical treatment and health care expenses• Transportation allowances• Personal care allowances• Loss of opportunity award• Long-term disability benefits• Benefits to dependants of fatally injured workers• Assistance with funeral expensesCan I continue paying a worker receivingWorkSafeNB benefits?You may choose to continue paying the injured workerfull salary while they are off work, recovering from theiraccident.The injured worker must report to WorkSafeNB allemployment-related income they receive while oncompensation. The amount of post-injury income earnedby the injured worker affects their loss of earningsbenefits, but has no effect on other benefits the injuredworker might be eligible for under the WC Act.What if an injured worker is off for more thansix weeks?If an injured worker is off work for six weeks or more,or suffers a serious injury, the case is assigned to a casemanagement team.After a workplace accident, WorkSafeNB’s goal is toreturn the injured worker to work safely and efficiently.A case management approach is WorkSafeNB’s way ofco-ordinating everyone involved in the case (you, theworkers, and the health care providers), and assuring thatthe goal of returning to work is achieved.What is a case management team?The team may include the injured worker’s case manager,an occupational therapist, a medical advisor and arehabilitation specialist, dedicated to their recovery.How am I involved in the case managementprocess?A member of the injured worker’s case management teamworks with both you and your worker to ensure a safereturn to work. They may visit your job site to determineif changes must be made to help the worker get back onthe job, and may also arrange a gradual return-to-workschedule.What is top-up?An injured worker may receive top-up from theiremployer only when their pre-accident earnings exceedthe maximum compensation for the year of the injury. Ifthe total top-up plus WorkSafeNB entitlement exceeds85% of pre-accident net earnings, income will bededucted from the worker’s loss of earnings benefits.33
Compensation and Rehabilitation cont’dWhat are the benefits of returning an injuredworker to work?Welcoming an injured worker back to the job site benefitsyou as the employer, allowing you to retain a skilled,valuable worker who is familiar with and actively involvedin your business.Who decides when the injured worker shouldreturn to work?The injured worker’s doctor and other health careproviders send progress reports to their adjudicator orcase manager, who will use that and other information todetermine when the worker is fit to return to work.What rights do injured workers have to theirpre-accident jobs?You have a legal obligation to make every reasonableeffort, short of undue hardship, to accommodate aninjured worker if they suffer a temporary or permanentdisability resulting from a work-related accident. Theseobligations stem from Section 3 of the Human Rights Actof New Brunswick and Subsection 42.1 of the WC Act.What are my responsibilities in the return-toworkprocess?If you have between 10 and 20 workers, you must holdthe position the worker held immediately before theaccident for one year, and allow the injured worker toresume work in that position.If you have 20 or more workers, you must hold theposition the worker held immediately before the accidentfor two years, and allow the injured worker to resumework in that position.Modified EmploymentIf, in the opinion of WorkSafeNB, the worker is unfit toperform the pre-accident duties, the employer mustprovide a suitable position with no loss of seniority orbenefits.If your worker has a temporary work restriction, their casemanager will discuss modified work options with you.Modified work promotes an early and gradual return topre-accident employment.If your worker suffers a permanent work restriction, theircase manager will discuss alternative work options withyou that match their functional abilities.Note: The rules are different for workers doingconstruction work in the construction industry.Subsection 42.1(2)“No employer shall dismiss, suspend, lay off, penalize,discipline or discriminate against a worker because theworker suffered a personal injury by accident in respectof which the worker is, in the opinion of WorkSafeNB,entitled to make application for compensation.”Alternate EmploymentIf, in the opinion of WorkSafeNB, the worker is unfitto perform the pre-accident duties, and the employercannot accommodate the worker in a suitable modifiedposition, WorkSafeNB will help the worker find alternateemployment. Workers’ Compensation Act, Subsection 42.1(2)34
Page 2 and 3: Table of ContentsWorkSafeNB________
Page 4 and 5: JoB_Site HealtH_and Safety ________
Page 6 and 7: WorkSafeNBWhat iS_WorkSafeNB?WorkSa
Page 8: WorkSafeNB’s responsibility is to
Page 11 and 12: DEFINITION OF AN “EMPLOYER”Unde
Page 14 and 15: Coverage and Reporting cont’dWhat
Page 16 and 17: Coverage and Reporting cont’dWork
Page 18 and 19: Registering cont’d✱New emPLoyeR
Page 20 and 21: Premium CalculationMany factors det
Page 22 and 23: Premium Calculation cont’dINSTEAD
Page 24 and 25: Premium Calculation cont’dManagem
Page 26 and 27: Premium Calculation cont’dWhat ar
Page 28 and 29: Premium Calculation cont’dAny FOR
Page 30 and 31: Job Site Health and SafetyHEALTH AN
Page 32 and 33: Job Site Health and Safety cont’d
Page 34 and 35: In Case of Accident cont’dImmedia
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Page 40 and 41: Compensation and Rehabilitation con
Page 42 and 43: Appeals cont’dTHE APPEALS TRIBUNA
Page 44 and 45: Employer AdvocatesRespoNSibilities

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