PURPOSE
The purpose of this policy is to provide guidelines to:
Scope
This policy interprets sections 16 and 44 of the Workers’ Compensation Act (WC Act) and sections 43 and 47 of the Occupational Health and Safety Act (OHS Act). It applies to:
1.0 General Statements
The WC Act and the OHS Act both require that accidents or incidents occurring in the workplace be reported to WorkSafeNB. In this policy, the term employee under the OHS Act and the term worker under the WC Act are used interchangeably.
Legislation requires accident reporting within specific time frames so that WorkSafeNB can:
WorkSafeNB encourages employers and injured workers to report accidents simultaneously. Employers must do this using WorkSafeNB’s Employer Report of Injury or Illness form and injured workers must do this using WorkSafeNB’s Application for Workers’ Compensation Benefits form.”
Workers are required, under the WC Act, to notify:
Employers have two different timeframes in which they are required to report accidents:
The diagram below provides an overview of WorkSafeNB’s accident reporting and application for benefits process.
2.0 Worker Notification of an Accident under the WC Act
Workers are responsible to ensure that they are aware of their employer’s accident reporting procedures, including the reporting requirements for occupational diseases.
Injured workers are required by section 44(6) of the WC Act to notify their employer of accidents, including disablements from occupational diseases, which occur in the workplace. This notification must be given:
Injured workers must notify their supervisor, or a person designated by the employer, of the workplace accident. When injured workers are unable to give notice to their employer because of the injury, another worker can give notice to the employer on the injured worker’s behalf. Notice must be given before the injured worker has voluntarily left the employment relationship with the accident employer.
Injured workers who fail to notify their employer of the accident before leaving the employment relationship put themselves at an increased risk of having their application for benefits denied. The WC Act requires WorkSafeNB to deny the adjudication of a claim when, in its opinion, the employer has been prejudiced.
2.1 Late Notification to the Employer
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.
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 to defend against the claim.
WorkSafeNB gathers information to determine if information or evidence has been compromised or is unavailable due to the late notification of the accident. WorkSafeNB gathers this type of information by asking questions such as:
WorkSafeNB weighs all of the gathered information to determine if there is sufficient or insufficient evidence for the employer to defend against the claim. Based on the preponderance of evidence, WorkSafeNB determines that either:
3.0 Employer Accident Reporting Requirements Under the OHS Act and WC Act
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.
There are separate accident reporting requirements under both the WC Act and the OHS Act. Depending on the circumstances of the accident, employers may be required to report the accident under the OHS Act and the WC Act. For example, if an accident or incident resulted in the worker sustaining a fractured bone, the employer is required to report immediately under the OHS Act, and within three days of receiving notice from the employee under the WC Act.
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 the WC Act.
3.1 Reporting Immediately Under the OHS Act
Under section 43(1) of the OHS Act, employers must immediately report to WorkSafeNB workplace injuries resulting in:
In addition, under section 43(4) regardless of whether a person is injured, employers must report the following incidents immediately to WorkSafeNB:
3.2 Reporting Within Three Working Days Under the WC Act
Under the WC Act, employers are required to report accidents to WorkSafeNB when a worker has an injury or occupational disease that results in or is likely to result in:
Employers must report these accidents using WorkSafeNB’s prescribed accident reporting form within three working days of:
Legislation requires employers to report accidents using WorkSafeNB’s accident report form.
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 OHS First Aid Regulation 2004-130.
4.0 Applying for Benefits Under the WC Act
Joint reporting of accidents facilitates timely adjudication and payment of benefits. However, injured workers may apply for benefits independent of the employer.
Workers apply for compensation benefits using WorkSafeNB’s accident report form.
Injured workers must apply for benefits within one year after the date of the workplace accident. In the case of a workplace fatality, an application for compensation benefits must be made within six months after the date of the accident.
WorkSafeNB considers the date of accident to be the date:
Injured workers or survivors who fail to apply for benefits within these time frames may not be eligible to receive benefits.
4.1 Time Limitations for Application of Benefits
Injured workers or surviving dependents who fail to apply for benefits within the legislated time frames may still be eligible for benefits if:
WorkSafeNB determines whether a delay in application for benefits is justified on a case-by-case basis. Using the available evidence to determine whether or not there are reasonable explanations for the delay, WorkSafeNB assigns greater credibility to documented evidence that is factual and measureable (objective). For more information on its decision-making model, please refer to Policy 21-113 Decision Making.
Circumstances WorkSafeNB considers reasonable for a delay include:
Legislation
1 Definition of accident, worker and member of the family.
8.1(1) Where a worker or the worker’s dependents are entitled to compensation or some other remedy in respect of an accident both in another jurisdiction and in New Brunswick, the worker or dependents shall elect
(a) to claim compensation or the other remedy under the law of the other jurisdiction, or
(b) to claim compensation under this Act and shall give notice of that election to the Commission under subsection (2), but if there is in existence an agreement under subsection 8(3), the right of election is subject to the terms of the agreement.
8.1(2) Notice of election shall be given to the Commission
(a) by the worker within three months after the happening of the accident, or
(b) if the accident results in death, by a dependent within three months after the death, and if notice of election is not given in accordance with this section, the worker or dependent is deemed to have elected not to claim compensation under this Act.
8.1(3) The Commission may, on application either before or after the expiration of the three month period referred to in subsection (2), extend that period if, in the opinion of the Commission, the claim is a just one and ought to be allowed.
10(3) The election referred to in subsection (1) shall be made and notice of it given to the Commission within three months of the accident or such longer period as the Commission may allow.
10(4) Where the Commission is satisfied that due to the worker’s physical or mental disability, a worker is unable to make an election under subsection (1), and undue hardship will result, it may pay the compensation provided under this Part until the worker is able to make that election.
10(6) A parent, guardian or a person who has had placed under the person’s care a deceased worker’s child who is a minor may file an application for compensation for that child and that application is a valid election on behalf of that child.
10(8) Where a worker or the worker’s dependents bring an action and less is recovered and collected under the judgment in the action or by settlement than the amount of the compensation to which the worker or the worker’s dependents would be entitled under this Part, the worker or the worker’s dependents shall be entitled to compensation under this Part to the extent of the amount of that difference.
10(9) Subsection (8) applies only to a settlement that has been approved by the Commission in writing before it is made.
16(1) An application for compensation under this Part shall be made
(a) within one year after the date of the accident, or
(b) in the case of death, within six months after the date of the accident.
16(2) The Commission may extend the time period referred to in subsection (1) if it considers that the delay is justified.
34(4) The decisions of the Commission shall be upon the real merits of the case, and it is not bound to follow strict legal precedent.
44(1) When a worker or dependent is entitled to compensation under this Part the worker or dependent shall file with the Commission an application for such compensation, together with the certificate of the attending physician, if any, and such further or other proofs of the claim as may be required by the Commission.
44(2) A physician or surgeon attending or consulted upon a case of injury to a worker shall furnish or cause to be furnished, from time to time, such reports and in such form as may be required by the Commission in respect of the injury and the resulting condition of the worker.
44(3) A physician in attendance upon an injured worker shall give all reasonable and necessary information, advice and assistance to enable that worker or the worker’s dependents, as the case may be, to make application for compensation and to furnish such proofs as may be required by the Commission.
44(4) The employer shall notify the Commission on a form provided by the Commission of the following:
(a) the occurrence of an accident and the nature of it;
(b) the day and the time the accident occurred;
(c) the name and address of the worker who suffered an injury;
(d) the place where the accident occurred;
(e) the name and address of the worker’s attending physician or surgeon, if any; and
(f) any other particulars prescribed by regulation.
44(4.1) The notice under subsection (4) shall be made within three days after the date
a) a worker suffers an injury as a result of an accident that may entitle the worker or the worker’s dependents
(i) compensation under this Part including loss of earnings and medical aid expenses but excluding first aid provided by the employer, or
(ii) medical aid under this Part;
(b) a worker is diagnosed with an occupational disease; or
(c) the employer receives a notice from a worker in accordance with subsection (6), if the employer has knowledge of the accident only by such notice.
44(4.2) An employer who fails to provide the notice under subsection (4) within the time limit in subsection (4.1) is liable to an administrative penalty imposed under section 82.1.
44(5) The employer shall make such further and other reports respecting such accident and worker as may be required by the Commission.
44(5.01) An employer who fails to make a report required by the Commission under subsection (5) is liable to an administrative penalty imposed under section 82.1.
44(5.1) Every employer shall establish a procedure that requires a worker to notify the employer of an accident that the employer is required to report to the Commission under subsection (4).
44(6) Subject to subsection (10), compensation shall not be payable unless notice of the accident is given to the employer by the worker, or on the worker’s behalf, as soon as practicable after the happening of it and before the worker has voluntarily left the employment in which the worker was injured.
44(7) The notice to the employer by the worker shall give the name and address of the worker and shall be sufficient if it states in ordinary language the cause of the injury and where the accident happened.
44(9) Similar notice shall also be given by the worker to the Commission.
44(10) Failure to give the prescribed notice to the employer or any defect or inaccuracy in a notice does not bar the right to compensation if in the opinion of the Commission the employer is not prejudiced thereby.
82.1(1) The Commission may impose an administrative penalty in respect of a contravention of the following provisions:
(e) subsection 44(4);
(f) subsection 44(4.1);
(g) subsection 44(5);
82.1(2) Subject to subsection (3), an administrative penalty payable for a contravention of a provision set out in subsection (1) may be in an amount
(a) up to $500 for a first contravention,
(b) up to $2,000 for a second contravention, and
(c) up to $10,000 for a third or subsequent contravention.
82.1(5) The Commission shall impose an administrative penalty by issuing a notice of administrative penalty that includes the following information:
(a) a description of the alleged contravention;
(b) the amount of the administrative penalty and the consequences for failing to respond to the notice;
(c) when and how to pay the administrative penalty;
(d) a statement that the person may
(i) request a review by the Commission of the administrative penalty by sending a request for review in accordance with section 19.11 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act within 14 days after being served the notice, and
(ii) appeal the decision made by the Commission in a review referred to in subparagraph (i) under section 21 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act within seven days after being provided written reasons for the decision;
(e) any other information prescribed by regulation.
82.1(6) A notice of administrative penalty shall not be issued more than one year after the Commission first had knowledge of the contravention.
82.1(7) The Commission shall serve a notice of administrative penalty on the person to whom it is directed
(a) in the manner in which personal service may be made under the Rules of Court, or
(b) by registered mail to the person’s latest known address.
82.1(8) An administrative penalty is payable to the Commission and shall form part of the Accident Fund.
82.1(9) An administrative penalty is an amount owing under this Act and becomes a debt due to the Commission.
82.1(10) The Commission may issue a certificate stating the amount of a debt due and the name of the debtor.
82.1(11) A certificate issued under subsection (10) may be filed in The Court of Queen’s Bench of New Brunswick and entered and recorded in the Court and when entered and recorded may be enforced as a judgment obtained in the Court by the Commission against the person named in the certificate for a debt of the amount specified in the certificate.
82.1(12) All reasonable costs and charges resulting from the filing, entering and recording of a certificate under subsection (11) may be recovered as if the amount had been included in the certificate.
85(1) If a worker suffers from an occupational disease and is as a result disabled or the worker’s death is caused by an occupational disease and the disease is due to the nature of any employment in which the worker was engaged, whether under one or more employments, the worker is or the worker’s dependents are entitled to compensation as if the disease was a personal injury by accident and the disablement was the happening of the accident, unless at the time of entering into the employment the worker wilfully and falsely represented in writing that the worker had not previously suffered from the disease.
85(1.1) Where a disablement is caused by occupational disease, the date of the accident shall be deemed to be the date of the disablement.
Occupational Health and Safety Act (OHS Act)
1 Definition of employee
43(1) The employer shall notify the Commission immediately if an employee suffers an injury resulting in:
(a) a loss of consciousness,
(b) an amputation,
(c) a fracture other than a fracture to fingers or toes,
(d) a burn that requires medical attention,
(e) a loss of vision in one or both eyes,
(f) a deep laceration,
(g) admission to a hospital facility as an in-patient, or
(h) death.
43(4) The employer shall notify the Commission immediately if
(a) an accidental explosion or an accidental exposure to a biological, chemical or physical agent occurs at a place of employment, whether or not a person is injured, or
(b) a catastrophic event or a catastrophic equipment failure occurs at a place of employment that results, or could have resulted, in an injury.
47(1) Every person who violates or fails to comply with any provision of this Act or the regulations or fails to comply with an order made under this Act or the regulations, commits an offence and is liable on conviction
(a) to a fine of not more than $250,000, or
(b) to a term of imprisonment not exceeding six months, or to both.
5(1) An employer shall ensure that an emergency communication procedure is established in order for employees to summon assistance in the event of an illness or accident of an employee.
9 An employee shall report an injury or illness to the employer as soon as practicable after the injury or the first signs of the illness.
10(1) A first aid provider shall prepare a written record that sets out the name of the injured or ill employee, a description of the injury or illness, the treatment and care provided, a description of the incident, the date of occurrence, the name of the person providing emergency care and the date the record was made.
10(2) The record referred to in subsection (1) shall be prepared as soon as practicable after the injured or ill employee has received the emergency care.
10(3) An employer shall ensure that a record referred to in subsection (1) is retained for a period of 5 years after the date on which it has been made.
Policy-related Documents
Policy 21-010 Definition of Worker
Policy 21-100 Conditions for Entitlement – General Principles
Policy 21-113 Weighing Information
Policy 21-515 Benefits for Survivors
Policy 46-220 Third Party Actions
HISTORY
1. Non-substantive change to release 6 made on June 6, 2025 to reflect gender neutral language resulting from a legislative amendment to the WC Act.
2. This document is release 006 and replaces release 005. It has been updated to reflect amendments to the Workers’ Compensation Act related to administrative penalties due to late reporting.
3. This document is release 005 and replaces release 004. It has been updated to reflect Policy 21-112 Occupational Hearing Loss.
4. Release 004, approved and effective 28/11/2013. It was been updated to reflect amendments to the Workers’ Compensation Act and the Occupational Health and Safety Act.
5. Release 003, approved and effective 25/08/2011, replaced release 002. It was updated to reflect changes to formatting and reorganization of content.
6. Release 002, approved and effective 22/02/2007, combined release 001 and Policy 21-105 Application for Benefits and Statute of Limitations release 003, approved and effective 28/03/2002. It:
7. Release 001, approved and effective 31/05/2002 was the original issue and rescinded Policy 21-106 (10 02 02) Delay in Reporting (Employee) and Policy 21-115 (10 02 05) Discrepancy in Dates.
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. (WC Act)
Appeals Tribunal – means the Workers’ Compensation Appeals Tribunal established under the WHSCC & WCAT 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 the worker’s earnings at the time of the worker’s death, or who, but for the incapacity due to the accident would have been so dependent. (WC Act)
Disablement (Disability) – an alteration in an individual’s capacity to meet functional or occupational demands of pre-accident or alternate employment.
Employee – (a) a person employed at or in a place of employment, or (b) a person at or in a place of employment for any purpose in connection therewith. (OHS Act)
Employer prejudice – undue difficulty in defending against a claim.
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. (WC Act)
Occupational disease – a disease resulting from factors associated with the occupation in which the patient is engaged. (Taber’s Cyclopedic Medical Dictionary)
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 – the most persuasive and impressive information on one side of a case that outweighs the information on the other side. A preponderance of evidence is not decided on the quantity of information alone, but on the significance and strength of the evidence as well.
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. (WC Act)
WorkSafeNB – means the Workplace Health, Safety and Compensation Commission or "the Commission" as defined by the WHSCC & WCAT Act.