USCC Workers Comp 2024 - 111

2024 Analysis of Workers' Compensation Laws | 111
Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction Administration
Notice to
Employer
British
Columbia
WorkSafeBC
As soon as
practicable
Claim Filing
Within one year after
injury, mental disorder,
death, or disablement
from occupational disease.
Within three years if special
circumstances precluded
application within one year
(§151 & RSCM 93.21). In
circumstances where an
application is accepted after
three years, compensation is
payable only from the date
of filing.
Manitoba Workers'
Compensation
Board (WCB)
In writing
as soon as
practicable
but no later
than 30 days;
excusable
New
Brunswick
WorkSafeNB
As soon as
practicable
after accident
and before
worker has
voluntarily left
employment in
which injured
Newfoundland
and
Labrador
Northwest
Territories
and Nunavut
WorkplaceNL
As soon as
practicable
Within 12 months after
injury or death; excusable.
How Claims Are Settled Award Effect
By adjudicator
Review by Agency
Fund pays award.
Board may reconsider if
more than 75 days have
not elapsed since decision
was made and if matter
has not been appealed to
Review Division or Workers'
Compensation Appeal
Tribunal. [§123]
Modifications
By Revision Division and
Workers' Compensation
Appeal Tribunal
Attorney's Fees
Fees for lawyers or advocates
may not be paid by board.
(RSCM 100.72) Governmentappointed
advisors may
provide free assistance to
injured workers and employers
to resolve claims issues.
By claims adjudicator, case
manager
Fund pays award.
At any time
By the WCB, Appeal
Commission
Government-appointed
advisors provide free services
to injured workers and their
surviving dependents on WCB
claim matters.40
Within one year after injury,
or in the case of death
within six months of injury;
WorkSafeNB may extend the
time period if the delay is
justified.
Within three months after
injury or within six months
of death
By claims adjudicator, case
manager, or LTD coordinator.
Fund pays award.
At any time
WorkSafeNB reviews the
initial determination of the
injured worker's average
earnings 12 weeks after
entitlement to compensation
benefits began.
Intake Adjudicator determines
initial entitlement. Case
Manager determines ongoing
entitlement after initial
adjudication decision is
completed.
Workers'
Safety and
Compensation
Commission
As soon as
practicable
No person is entitled to
compensation unless his
or her claim is made to
the Commission within
one year after the day the
personal injury, disease, or
death occurs. Commission
shall grant an exception to
the limit if it considers that
there is a justified reason
for the delay. After injury or
death; excusable as soon as
practicable; maximum three
years after death.
By adjudicator or case manager
Fund pays award.
At any time
At any time by
WorkSafeNB based on
evidence, or by Court
of Appeals Tribunal, or
Court of Appeals
None at Appeals Tribunal;
determined by the court at
Court of Appeals.
Appeal of
WorkplaceNL's final
decision goes to the
Workplace Health
Safety & Compensation
Review Division
Fund pays award.
At any time
By Commission
Review Committee or
Governance Council
Free assistance of governmentappointed
workers' advisors
available to clients. Fees paid
by accident fund.
Free assistance of worker
advisor. Do not pay attorney
fees.
USCC Workers Comp 2024

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