Who is a Worker? Policy 21-010 | Effective Date: May 10, 2021

WorkSafeNB determines who is a worker under the Workers’ Compensation Act (WC Act) in order to determine entitlement to workers’ compensation benefits, as well as to establish assessments payable by employers.

The following individuals have been determined to be workers for the purposes of the WC Act:

• Individuals in an employment relationship receiving remuneration for work or services performed for an employer having three or more workers usually employed;
• Learners, where training occurs at an assessed employer’s or self-insured employer’s place of business;
• Learners, where there is a specific agreement in place, such as with the New Brunswick Community College (NBCC) and Collège communautaire du Nouveau-Brunswick (CCNB) to further define learners of the colleges;
• Emergency service workers;
• Management personnel;
• Executive officers of corporations on the pay-roll;
• Persons assisting a peace officer;
• Members of a municipal volunteer fire brigade;
• A person assisting at a fire or accident site at the request of a fire chief or deputy; and
• Injured workers while attending WorkSafeNB approved treatment, subject to Policy 21-108 Conditions for Entitlement – Injuries During Rehabilitation.

Individuals may be considered workers under the WC Act if WorkSafeNB is satisfied that optional coverage has been purchased for them in accordance with Policy 23-100 Employer Registration. This includes:

• Individuals employed by any employer in an industry having less than three workers usually employed;
• Volunteer ambulance drivers/attendants;
• Volunteer/auxiliary police officers and police constables when appointed under the Police Act;
• Volunteer executive members of a labour union;
• Self-employed individuals;
• Non-salaried officers of a corporation;
• Proprietors and their spouses; and
• Partners and their spouses.

The following individuals are not considered to be workers under the WC Act:

• Individuals employed by any employer in an industry having less than three workers usually employed (two or less) if the employer has not purchased optional insurance;
• The fishing industry when less than 25 workers are usually employed (24 or less);
• Casual workers not working for the purpose of an industry;
• Persons who play sports as their main source of income;
• Outworkers;
• Family members of an employer residing with the employer who are under sixteen years of age; and
• Domestic servants.

Individuals excluded from being a worker under the WC Act may, upon application of the employer, be considered within the scope of the WC Act. 

Interpretation 

1. WorkSafeNB interprets the term “usually employed” as meaning a predicable pattern of employment, including seasonal or repeated hiring trends. The length of time the individual is employed is not a consideration for exclusion.
2. The number of workers that an employer usually employs is not affected by the full-time or part-time status of the worker.
3. WorkSafeNB is satisfied that there is optional coverage for an individual when the employer applies for this coverage as set out in Policy 23-100 Employer Registration and when reports and assessments for these individuals are submitted and paid as set out in Policy 23-200 Assessable Earnings.
4. A person asked to give assistance at a fire or accident site by the fire chief or deputy is included as a worker, even though WorkSafeNB does not levy assessments for employers in these special cases in accordance with Policy 23-200 Assessable Earnings.
5. When there is a combination of three or more of the following individuals working for a principal, WorkSafeNB considers them to be workers of the principal:
   
   • Employees of the principal;
   • Unassessed contractors and their employees; and
   • Unassessed subcontractors and their employees.
6. Employers directly involved in vessel preparation and catching and landing of fish are considered to be part of the fishing industry.