Employers are required to report accidents to WorkSafeNB:
Employers who fail to report an incident or accident within the legislated timeframes may be prosecuted under the OHS Act or may incur an administrative penalty under the WC Act.
Workers are required under the WC Act to:
The diagram below provides an overview of WorkSafeNB’s accident reporting and application for benefits process.
Employer accident reporting requirements under the OHS Act
1. Under the OHS Act, employers must immediately report to WorkSafeNB workplace injuries resulting in:
2. In addition, regardless of whether a person is injured, employers must report the following incidents immediately to WorkSafeNB if they occur at a place of employment:
Employer accident reporting requirements under the WC Act
3. Under the WC Act, employers are required to report accidents to WorkSafeNB when a worker suffers an injury or occupational disease that results in or is likely to result in:
4. Employers are required to report these accidents within three working days of:
5. Every employer must establish a procedure requiring workers to notify them of workplace accidents that must be reported to WorkSafeNB. It is the employer’s responsibility to ensure that workers are aware of proper accident reporting procedures for all types of accidents, including those for occupational diseases. A worker’s notification to their employer must include:
6. Accidents not meeting the reporting requirements do not have to be reported to WorkSafeNB. However, employers are encouraged to report injuries to WorkSafeNB that result in disablement beyond the date of accident and are required to maintain a record of all injuries requiring first aid treatment. For more information, see Regulation 2004-130 - First Aid.
Worker accident notification and reporting requirements under the WC Act
7. Workers are responsible to ensure that they are aware of their employer’s accident reporting procedures.
8. Under the WC Act, workers (or another person on their behalf) are required to notify their employer of accidents, including disablements from occupational diseases, which occur in the workplace. This notification must be given:
9. When a worker fails to notify the employer of an accident as soon as practicable and before voluntarily leaving the employment relationship with the accident employer, the claim can only be adjudicated for entitlement to benefits if WorkSafeNB determines that the late notification has not prejudiced the employer.
Time limitations in applying for benefits under the WC Act
10. Workers must apply for benefits within one year after the date of accident. In the case of fatality, an application for compensation benefits must be made within six months after the date of accident. Workers or survivors who fail to apply for benefits within these timeframes may not be eligible to receive benefits.
Determining date of accident
11. For cumulative trauma disorders, WorkSafeNB considers the date of accident to be the date of diagnosis or the date of disablement, whichever is most advantageous to the worker.
12. To determine the date of accident for occupational diseases (except hearing loss), see Policy 21-111 Conditions for Entitlement - Occupation Diseases.
13. To determine the date of accident for hearing loss, see Policy 21-112 Occupational Hearing Loss.
14. To determine the date of accident for traumatic psychological injuries, see Policy 21-103 Conditions for Entitlement – Traumatic Psychological Injuries.
15. For all other injuries, WorkSafeNB considers the date of accident to be the date upon which the accident occurred.
Late applications in applying for benefits under the WC Act
16. Workers or survivors who fail to apply for benefits within the legislated timeframes may still be eligible for benefits if:
Determining if the delay in application for benefits is justified
17. WorkSafeNB determines whether a delay in application for benefits is justified on a case-by-case basis. WorkSafeNB gathers necessary evidence, including the worker’s/survivor’s reason for the delay, to determine whether there are reasonable explanations for the delay. WorkSafeNB assigns greater credibility to documented evidence that is factual and measurable (objective). For more information on its decision-making model, see Policy 21-113 Decision-making.
18. Circumstances WorkSafeNB considers reasonable for a delay in application for benefits include, but are not limited to:
19. A worker or survivor not having awareness of the availability of benefits and/or the applicable time limit in applying for those benefits does not constitute a reasonable delay in application.
Determining employer prejudice
20. Employers are considered to be prejudiced when, because of the late notification of the accident, information or evidence has been compromised or is unavailable which would cause the employer difficulty in responding to and providing WorkSafeNB with information relevant to the claim.
21. To determine employer prejudice, WorkSafeNB gathers information by asking questions such as:
22. WorkSafeNB weighs all information gathered and determines, based on the preponderance of evidence and in accordance with Policy 21-113 Decision-making, that either:
1, 8.1(1), 8.1(2), 8.1(3), 10(3), 10(4), 10(6), 10(8), 10(9), 16(1), 16(2), 34(4), 44(1), 44(2), 44(3), 44(4), 44(4.1), 44(4.2), 44(5), 44(5.01), 44(5.1), 44(6), 44(7), 44(9), 44(10), 82.1(1), 82.1(2), 82.1(5), 82.1(6), 82.1(7), 82.1(8), 82.1(9), 82.1(10), 82.1(11), 82.1(12), 85(1), 85(1.1)
Occupational Health and Safety Act
Accident – includes a wilful and intentional act, not being the act of a worker, and also includes a chance event occasioned by a physical or natural cause, as well as a disablement caused by an occupational disease and any other disablement arising out of and in the course of employment, but does not include the disablement of mental stress or a disablement caused by mental stress, other than as an acute reaction to a traumatic event (Workers’ Compensation Act).
Biological agents – micro-organisms that are biological in nature and origin and where exposure in sufficient quantities and duration may result in illness or injury to human health. This includes bacteria, viruses, fungi, and parasites or parts thereof or products generated by them. Reporting exposures to common agents such as cold and common influenza is not required.
Catastrophic – unexpected and sudden event or loss of equipment which exceeds the capacity of the workplace to function normally, causing great damage and distress.
Chemical agents – term used to describe all chemical elements and compounds in their natural state or in a processed state and their by-products, the exposure to which in sufficient quantities and duration may result in illness or injury to human health.
Cumulative trauma disorder – an injury to musculoskeletal tissues resulting from repeated movement, overuse, incorrect posture, sustained force and/or vibration.
Dependents – members of the family of a worker who were wholly or partly dependent upon his earnings at the time of his death, or who, but for the incapacity due to the accident would have been so dependent (Workers’ Compensation Act).
Disablement – a limitation in movement, senses or activity (adapted from Oxford Dictionary).
Member of the family – for the purpose of paying compensation or benefits to a dependant, includes spouse, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother and half-sister, and a person who stood in loco parentis whether related to the worker by consanguinity or not so related (Workers’ Compensation Act).
Occupational disease – any disease that is peculiar to or characteristic of a particular industrial process, trade or occupation (adapted from the Workers’ Compensation Act).
Physical agents – an energy or influence, which may affect the body or a part of the body or a function of the body. Physical agents include noise, ionizing or non-ionizing radiation, temperature, pressure, vibration, and electric and magnetic fields.
Practicable – as soon as capable of being done or accomplished with available means and resources.
Preponderance of evidence – it is more likely than not, based on the weight and strength of the evidence (adapted from Merriam-Webster Dictionary).
Survivor – the spouse or a dependent member of the family of a deceased worker.
Worker – a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes
(a) a learner,
(a.1) an emergency services worker within the meaning of any agreement made under the Emergency Measures Act between the Government of Canada and the Government of New Brunswick in which provision is made for compensation with respect to the injury or death of such workers,
(b) a member of a municipal volunteer fire brigade, and
(c) a person employed in a management capacity by the employer, including an executive officer of a corporation, where that executive officer is carried on the pay-roll (Workers’ Compensation Act).