Eligibility

Compensation is payable under Worker’s Compensation Act in the following cases:

• When a worker is injured while working unless the injury is solely due to their serious and willful misconduct.

• When a worker dies as a result of an injury suffered while working, compensation is payable to their dependents.

Note: The commission must still pay compensation to a worker if their injury is solely due to their serious and willful misconduct, but only if the worker is seriously and permanently disabled or impaired as a result of the work-related injury.

If the commission delays the payment of compensation for loss of earnings to a worker or their dependents for more than 30 days due to circumstances within their control, they must pay interest on the compensation amount.

• The rate of interest paid is calculated according to the provisions of the Judgment Interest Act.

Proportionate compensation

When a worker sustains an injury while working that either worsens a pre-existing condition or is worsened by causes other than the injury itself, compensation is payable for the portion of the loss of earnings or permanent impairment that the commission determines is directly related to the injury.

No compensation

Worker’s compensation does not apply when a worker is injured or killed:

• while being transported as part of their job using a mode of transportation that requires public liability insurance, or

• as a result of an accident involving the use of a motor vehicle by the worker or another person during work.

Compensation for fatal accidents

If a worker dies due to an injury, the amount of compensation paid to the worker's surviving spouse or partner and children, as well as burial expenses, will be determined according to the regulations.

The commission has the authority to annually increase the prescribed compensation amounts based on the Consumer Price Index. If there are dependents who are not covered under the prescribed compensation, the commission may determine and provide an appropriate amount proportional to their monetary loss caused by the worker's death. These payments to dependents will continue as long as the commission believes the worker would have supported them.

Payment to a remarried spouse

If a surviving spouse's monthly allowance was terminated due to remarriage, they are entitled to receive the compensation they would have received if the allowance had not been terminated. The same applies to a surviving spouse whose monthly allowance was terminated before a specific date. No interest is paid on compensation for a specific period. Compensation under this section cannot be paid to the estate of a person, except in cases where the person died after a particular date.

Compensation unpaid at death

If a worker dies as a result of an injury, the commission may pay compensation to dependents for the period between the injury and the date of death, based on its assessment of appropriateness.

Continuation of household

If a worker does not leave a spouse or partner, or if the spouse or partner dies, and the commission believes it is beneficial to continue the existing household, a suitable person acting as a guardian to maintain and care for the children entitled to compensation may receive monthly compensation payments as if they were the spouse or partner of the deceased.

Payments to children

Payments made in respect of a child cease when the child reaches 18 years of age or dies before reaching that age, except if the child has a physical or mental incapacity. In such cases, payments continue as long as the commission believes the worker would have supported the child. In certain circumstances, the commission may extend the period of compensation if providing further education to a child appears advisable, but compensation cannot be paid beyond the child reaches 25 years of age.

Compensation for disability

If a worker is permanently or temporarily disabled or impaired due to an injury, the commission provides compensation related to healthcare expenses, a lump sum payment for the permanent impairment, and compensation for the loss of earning capacity resulting from the injury. The specific amounts of lump sum payments are prescribed in regulations, and the commission may consider a rating schedule to determine the payment for permanent impairment.

Loss of earning capacity:

If an injury to a worker results in loss of earnings beyond the day of the injury, the commission estimates the effect of the injury on the worker's loss of earning capacity and provides compensation based on that estimation. The rate used for calculating the loss of earning capacity takes into account the difference between the worker's average weekly net earnings before the injury and the estimated earnings the worker is capable of earning in suitable employment after the injury.

Compensation ceases when the worker reaches 65 years of age, with exceptions for workers aged 63 or older at the beginning of the loss of earnings, where compensation may be provided for a limited period.

Retirement benefits

If a worker in receipt of extended earnings loss benefits reaches the age of 65, they are entitled to receive a lump sum payment equal to a percentage of the benefits paid, along with accrued interest. The specific percentage depends on whether the worker was a member of an employer-sponsored pension plan. If a worker is eligible for compensation, they receive a lump sum payment for all benefits received under that subsection, plus interest. If a worker dies before receiving the lump sum payment, it may be paid to the appropriate dependents.

Healthcare

The commission is responsible for providing healthcare to workers who are entitled to compensation under the Act or who would have been entitled if their injury lasted longer than the day it occurred.

If the commission determines that a worker needs treatment at a location other than their usual place of residence, they may provide a daily allowance to cover the worker's living expenses during the treatment.

Workers entitled to healthcare are provided with necessary and advisable services, including:

• Prostheses and apparatus that may be needed due to the injury.

• Repair and replacement of prostheses and apparatus.

• Repair and replacement of clothing that is damaged or worn due to the use of a prosthesis or apparatus.

• Replacement of clothing destroyed by the injury or its cause, and repair or replacement of that clothing as determined by the commission.

• Dental appliances and apparatus that may be necessary due to the injury.

• Repair and replacement of dental appliances and apparatus.

• Hearing and vision aids that may be necessary due to a personal injury or, if there is no personal injury, due to a work incident proven to the satisfaction of the commission.

• Repair or replacement of hearing and vision aids.

NFLB Worker’s Compensation Act s. 50, 51, 53, 56, 75, 77, 79-83, 85, 95