Notice of accident

In order for a worker to receive compensation, the following conditions must be met:

The worker or someone acting on behalf of the worker must immediately notify their employer about the injury after it happens before the worker voluntarily leaves the job where the injury occurred. Additionally, the claim for compensation must be made within specific timeframes:

• Within 3 months from the occurrence of the injury,

• In the case of an occupational disease, within 3 months after the worker becomes aware or should have reasonably known about the disease,

• In the case of death, within 6 months after the date of death.

The government can extend the time limit for making a compensation claim for certain types of injuries through an official order.

The notice should include the worker's name and address, the cause of the injury, and the location where the injury took place.

Even if a worker fails to give notice of an injury or makes a claim with defects or inaccuracies, it does not automatically prevent them from receiving compensation. The commission can still grant compensation if they believe the failure, defect, or inaccuracy was beyond the worker's control and did not prejudice the employer.

Mitigation of injury:

A worker has certain responsibilities to minimize the impact of an injury and facilitate their recovery:

• They should take reasonable steps to reduce or eliminate permanent impairment and loss of earnings.

• They should cooperate with healthcare and treatment recommended by the commission for their recovery and return to work.

• They should provide accurate information to the commission regarding their compensation claim.

• They should promptly inform the commission of any changes in circumstances that may affect their entitlement to compensation. Failure to comply with these responsibilities may result in the suspension, reduction, or termination of compensation.

Application for compensation

When applying for compensation, a worker or dependent should submit:

• An application for compensation.

• A medical practitioner, chiropractor, or physiotherapist's report on the worker's condition.

• Any additional proof required by the commission. In certain cases, the commission may accept a report from a nurse practitioner if deemed necessary.

Duties of the employer

An employer must notify the commission in writing within three days of becoming aware of a work-related injury to a worker or the possibility of such an injury. The written notice should include details about the injury, its occurrence, the worker's information, and any other particulars required by the commission. The employer may be required to submit additional reports regarding the injury and workers as requested by the commission.

Duties of health care provider

Healthcare providers attending to or consulting on a worker's injury have specific obligations, including:

• Providing reports to the commission in the required format regarding the injury.

• Offering necessary information, advice, and assistance to the worker or dependents to facilitate their application for compensation.

• Providing any proof required by the commission.

Medical records

When a worker applies for compensation, they are considered to have given authorization for a regional health authority to disclose their medical information to the commission. This allows the commission to access relevant information from the worker's health records.

Medical information:

If the commission believes that disclosing a worker's medical information to their employer is reasonably necessary to determine their fitness to return to work, they may do so. In such cases, the worker is considered to have consented to the disclosure, and the commission must inform the worker about it.

NFLB Worker’s Compensation Act s. 61-68