Duties of employees

If a worker is eligible to apply for compensation under this law, they must promptly submit the following to the Board:

• A claim for compensation

• A report from the attending physician

• Any other evidence required by the Board.

Injury notice

In the case of an injury (not an occupational disease), the worker must inform their employer about the accident as soon as possible and before leaving the job voluntarily. The claim for compensation must be made within twelve months of the accident.

Occupational disease

In the case of an occupational disease, the worker must inform the employer as soon as possible after learning about the disease and make the claim within twelve months of that knowledge.

PTSD

In the case of post-traumatic stress disorder, the worker must inform the employer as soon as possible after being diagnosed, and the claim must be made within the specified period in the regulations.

Failure to give notice

Failure to give notice of the accident or disease within the required time may prevent the worker from receiving compensation unless the Board determines that the rights of the employer and the Board have not been affected, in which case the Board may extend the time for filing the claim. However, this exception does not apply if more than five years have passed since the accident, the date of knowledge of the disease, or the date of diagnosis of post-traumatic stress disorder.

Minimizing damage

Workers have a duty to take reasonable steps to minimize the permanent impairment and loss of earnings resulting from an injury, cooperate with medical aid or treatment recommended by the Board, provide accurate information to the Board regarding the claim, and notify the Board of any changes that may affect their entitlement to compensation.

• Failure to comply with these obligations may result in the suspension, reduction, or termination of compensation.

Medical examination

Workers claiming compensation may be requested to undergo a medical examination by their employer, the Board, the Appeals Tribunal, or the Medical Review Commission.

• If a worker objects to the request from the employer, the Board will determine if it is reasonable. Non-compliance with the medical examination request may lead to suspension, reduction, or termination of compensation.

Duty of Employer

If an accident occurs that may entitle a worker to compensation, the employer must notify the Board within 5 business days of becoming aware of the accident. The notification should include details such as:

• the nature of the accident, time,

• worker's name and address,

• location,

• attending physician or surgeon,

• healthcare institution, and

• any other information required by the Board.

The employer is also required to provide any further reports about the injured worker as requested by the Board.

Workers are not allowed to agree to waive any compensation they may be entitled to under this law. Any such agreement is considered void.

Employers are prohibited from:

• Deducting from the earnings or benefits of workers any amount that the employer is or may be required to pay into the Accident Fund.

• Requiring or allowing workers to contribute towards indemnifying the employer for any liability under this law.

• Collecting or retaining contributions from workers for the cost of medical aid.

• Deducting from an injured worker's accumulated sick leave while they are receiving earnings-replacement benefits due to an injury.

• Influencing or attempting to influence a worker not to claim or receive compensation under this law.

• Disciplining or discriminating against a worker who reports an accident or makes a claim for or receives compensation under the law.

Obligation to re-employ

Upon the improvement of the condition of an injured employee, an employer is required to offer the employee the same or equivalent position. If a permanent impairment of an employee does not allow for this to happen, the employer shall provide the employee with reasonable work within the capabilities of the employee. This may be set out by the Board.

The duration of this accommodation is upon the earlier of:

• 2 years after the date of the injury of the worker; or

• the worker reaches 65 years of age

If an employee refuses the work that is provided by the employer, then the employer is no longer responsible for the re-employment of the employee.

NS Worker’s Compensation Act s. 82-88, 90-92