Purpose
The benefit outlined in this policy is intended to assist workers to improve their function in their homes. WorkSafeNB may assist these workers by providing home modifications or financial compensation to assist with functional access and mobility.
Scope
This benefit is for workers who have severe long-term functional limitations resulting from a compensable workplace injury or disease and who require assistance with functional access to, and mobility within their home.
Statements
1.0 General
Section 43 of the Workers’ Compensation Act (WC Act) allows WorkSafeNB to provide benefits to assist workers prepare to return to work or improve function after a workplace injury occurs.
Using this discretionary authority, this policy defines a benefit that may assist workers with functional access to, or to be mobile or functional within their home by providing home modifications. This benefit is intended to assist with functioning and may not result in entirely barrier-free living.
In addition to the benefit described in this policy, WorkSafeNB also provides separate benefits that may help workers live more independently when their function has been impacted by a workplace injury or disease. These benefits include:
2.0 Eligibility
To be eligible, a worker must have experienced a compensable workplace injury or illness that resulted in severe and prolonged mobility impairment as determined by WorkSafeNB. This may include spinal cord or brain injuries requiring the use of a wheelchair, or other workplace injuries or diseases of similar severity that may result in functional limitations with functional access to, or mobility within their home.
3.0 Assessing Need
Once eligibility is established, WorkSafeNB assesses the injured worker’s function at home to identify if there is a need for home modifications to enable the injured worker to gain access to their dwelling or be mobile or functional within it.
The assessment of the worker’s function at home consists of the primary living areas, including the garage.
WorkSafeNB assesses long-term needs including any possible future deterioration of the worker’s function due to the compensable injury or illness.
4.0 The Benefit
When requirements for both eligibility and need are met, WorkSafeNB provides a home modification.
4.1 Home Modification
WorkSafeNB assigns the project to an external project manager who is responsible for completing the project within the identified budget.
The budget is based on the lesser of the estimated cost of the home modifications, including identified incidental costs, or the cost of a new barrier-free modular home.
Renovation or construction expenses must be reasonable and meet both of the following conditions:
4.2 Construction and Renovation
WorksafeNB may authorize the following expenses:
4.3 The Budget and Upper Limit of Expenditure
The budget includes:
When determining the cost associated with the barrier-free modular home, WorkSafeNB considers:
Workers’ Compensation Act (RSNB 1973, c W-13)
Other Relevant Legislation
Income Tax Act
118.2(2)
Income Tax Regulations
232(1), 232(2), 232(4)
Tax Implications
Home modifications as outlined in this policy are generally considered as medical expenses and not reportable on a T5007.
Case Law
Fundy Linen Service Inc. v. Workplace Health, Safety and Compensation Commission, 2009 NBCA 13
The New Brunswick Court of Appeal provided its view that s.43 of the WC Act is discretionary and that WorkSafeNB only provides home modification benefits because it has chosen to do so. WorkSafeNB has the authority under s.43 to determine the extent to which it may provide benefits that assist injured workers to prepare to return to work or in lessening or removing barriers resulting from a compensable workplace accident.
Assistive devices – components or equipment that increase an injured worker’s functional restoration.
Prolonged – means the disability is long-term and of indefinite duration.
Severe- means a mental or physical disability that prevents any type of substantially gainful work.
WCAT – means the Workers’ Compensation Appeals Tribunal established under the WHSCC & WCAT Act.
WorkSafeNB – means the Workplace Health, Safety and Compensation Commission or "the Commission" as defined by the WHSCC & WCAT Act.