Vehicle Modifications Policy 21-402 | Effective Date: January 1, 2020

Purpose             

The purpose of this policy is to:

• Provide guidance to WorkSafeNB staff who plan, authorize, and implement vehicle modifications for injured workers; and
• Communicate WorkSafeNB’s commitment to provide vehicle modifications that are effective and meet the injured worker’s assessed needs.

Scope

This policy applies to injured workers who experience barriers using or operating a motor vehicle as a result of a compensable injury.

Statements

1.0 General 

WorkSafeNB has a legislated responsibility to:

• Determine the necessity, character and sufficiency of medical aid provided to injured workers; and
• Provide rehabilitation that assists in lessening or removing any handicap resulting from their injuries.

Therefore, when an injured worker experiences a permanent functional impairment as a result of a compensable injury, WorkSafeNB assesses the need for, and the extent of, vehicle modifications that facilitates return to work and/or allows injured workers to perform the activities of daily living.

WorkSafeNB manages vehicle modification projects:

• First, by assessing the injured worker’s needs, evaluating options, and determining the most appropriate option; and
• Second, by coordinating or overseeing the implementation of the vehicle modification.

In order to maximize injured workers’ independence, WorkSafeNB may provide for vehicle modifications such as:

• Wheelchair lifts and ramps;
• Scooter lifts;
• Roof, floor, and door alterations;
• Special needs seating;
• Hand controls;
• Automatic transmission;
• Restraint tie-downs; and
• Wheelchair carriers.

When necessary, WorkSafeNB may pay for specialized driver education courses for injured workers.

2.0 Need and Scope of Modifications

WorkSafeNB determines the need for and scope of modifications, and develops a modification strategy in order to address those particular needs. This strategy is intended to help the injured worker use and/or operate the vehicle.

WorkSafeNB determines the need and scope of vehicle modifications by:

• Conducting a needs assessment;
• Reviewing the device(s) and/or equipment prescribed by a medical practitioner;
• Evaluating options; and
• Selecting and approving the most appropriate option.

2.1 Needs Assessment

WorkSafeNB completes a needs assessment to determine if vehicle modifications may be required. WorkSafeNB assesses the:

• Injured worker’s functional abilities;
• Impact of the injured worker’s needs on the injured worker’s family;
• Injured worker’s long-term needs related to the compensable injury; and
• Injured worker’s limitations within the current vehicle.

In assessing the injured worker’s needs, WorkSafeNB determines the nature and extent of the modifications required.

In addition, to ensure the safety of the injured worker and others, WorkSafeNB assesses the injured worker’s ability to operate a vehicle in a safe manner.

2.2 Prescribed Device(s) and/or Equipment

Any device(s) and/or equipment for a vehicle modification must be prescribed by a medical practitioner before WorkSafeNB will consider it as an option.

2.3 Evaluation of Options

The primary goal of WorkSafeNB is to modify a vehicle owned by an injured worker. WorkSafeNB evaluates all evidence to determine if the current vehicle is appropriate in meeting the injured worker’s needs. Evidence evaluated may include:

• The age, size, and condition of the vehicle;
• Potential for the injured worker to achieve increased independence;
• Long-term durability of each option;
• Cost involved;
• Safety of the injured worker; and
• Ownership of the vehicle being modified.

Where it is not cost-effective to modify the current vehicle, in exceptional circumstances, WorkSafeNB may consider modifying:

• Another vehicle purchased by the injured worker. Injured workers may be eligible for an advance of compensation benefits to purchase an appropriate vehicle under Policy 21-505 Advances and Payouts of Compensation Benefits.
• A vehicle owned by another person if the injured worker relies on other people for their transportation needs. WorkSafeNB must first be satisfied that the injured worker has permission to use and/or operate this vehicle, as required.

When no other suitable option is available, and in cases where the injured worker requires the use of a wheelchair, WorkSafeNB may make a one-time payment toward the purchase of a van in an amount equal to 20% of the purchase price (minus the cost of adapting the van included in the purchase price), to a limit of $5,000.

Prior to approving any modification option, WorkSafeNB must also consider the long-term impact to the injured worker, such as if the modification results in additional costs to the injured worker (i.e., increased insurance, maintenance), and if the injured worker can afford these additional costs.

2.4 Selection and Approval of Modifications

In consultation with the injured worker, medical aid practitioners, and service providers, WorkSafeNB selects and approves the most appropriate option.

Once an option is chosen, WorkSafeNB collaborates with the injured worker, medical aid practitioners, and service providers, as necessary, to define what modifications will be completed and the responsibility of the parties involved.

3.0 Implementation

WorkSafeNB implements the vehicle modification strategy by:

• Selecting the service provider;
• Requiring proper documents; and
• Approving costs.

3.1 Selecting the Service Provider

As part of the management process, WorkSafeNB selects and approves the service provider to perform the modification installation.

When more than one service provider is available, WorkSafeNB considers factors such as:

• Cost;
• Experience;
• Timeframes for completion; and
• Industry and customer recommendations or references.

3.2 Documentation

Before any modifications, WorkSafeNB must have:

• Proof of registration of the vehicle to be modified;
• Written consent for the modification from the vehicle owner; and
• Proof of the injured worker’s valid Motor Vehicle Driver’s License, if the purpose of the modification is to enable the injured worker to drive. 

WorkSafeNB requires proof of sufficient insurance to cover the vehicle and the modifications. The injured worker is responsible for all current and future insurance premiums for the vehicle.

Prior to payment, WorkSafeNB verifies the work has been completed. In addition, WorkSafeNB requires a copy of a valid inspection certification from:

• The department responsible for inspection and motor vehicle safety within the province; or
• An organization applying a National Safety Mark on the modified vehicle.

3.3 Financial Considerations and Limits

WorkSafeNB modifies only one personal vehicle per injured worker. In other words, until the vehicle or equipment requires replacement under section 5.0 Future Modifications, WorkSafeNB does not modify additional vehicles. This applies in situations such as when the injured worker:

• Possesses multiple vehicles;
• Resides in a multi-vehicle household; or
• Uses a personal vehicle for business purposes.

WorkSafeNB may pay modification costs for vehicles owned by the injured worker and used partially for business purposes. WorkSafeNB considers these to be personal vehicles. 

WorkSafeNB does not consider vehicles owned or leased by an employer to be personal vehicles. Modifying vehicles for return to work is supported and promoted under Policy 21-420 Return to Work – Principles.

Upgrades to Approved Modifications

WorkSafeNB pays for the costs of the approved modifications. Should the injured worker desire an upgraded, more expensive feature over what is approved, the cost difference between the upgrade and the approved feature is the injured worker’s responsibility.

Before WorkSafeNB approves an upgrade, injured workers must:

• Prove their ability to pay for the upgrade; and
• Arrange to pay the additional cost directly to the service provider.

4.0 Maintenance of Vehicles and Modifications

WorkSafeNB may pay the costs for repairs and maintenance of the modifications. WorkSafeNB approves costs on a case-by-case basis, taking into account the type of accessibility equipment and vehicle modifications, and the injured worker’s lifestyle. WorkSafeNB is responsible only for repairs due to normal wear-and-tear resulting from the use for which the modifications were intended.

Before paying for the cost of repairs or maintenance of modifications, WorkSafeNB ensures that all valid warranties have been used.

The injured worker is responsible for:

• Ensuring that regular maintenance of the modifications occurs; and
• All maintenance and upkeep costs of the vehicle, such as repairs, regular maintenance, annual governmental inspections, and gasoline costs.

5.0 Future Modifications

WorkSafeNB may pay for future or replacement modifications if the need continues to exist and the original, modified vehicle or equipment is no longer safe or operational.

If the modified vehicle needs to be replaced, WorkSafeNB prefers to transfer the equipment in the old vehicle to a new vehicle, if possible. WorkSafeNB pays for the costs associated with the equipment transfer, as necessary.

If the equipment cannot be transferred, WorkSafeNB pays for the costs of replacement modifications and equipment installation, as necessary.

In all cases, the injured worker is responsible for the costs of the new vehicle.

6.0 Security

WorkSafeNB may require security documents to protect the investment in a structurally modified vehicle. Security documents may include, but are not limited to:

• Marital property agreements;
• Insurance; and
• Financial undertakings.