USCC Workers Comp 2024 - 40

40 | 2024 Analysis of Workers' Compensation Laws
Chart IV-Coverage of Occupational Diseases, cont.
Jurisdiction
Nature of
Coverage1
Nova Scotia All diseases, excluding
stress (aside from an
acute reaction to a
traumatic event)
Medical
Boards
Board may require
IME.
Onset of Disability or Death
Date of accident is considered date of
earnings, date PMI is determined, or date of
death, whichever is earliest.
Time Limit on Claim Filing
Deductions
From Death
Awards
The worker's claim for compensation is made
within 12 months after the worker learns that
he or she suffers from the occupational disease.
The Workers' Compensation Board may extend
the notice period if any right of the employer
or the subrogated interest of the board has not
been prejudiced by the worker's failure to notify.
However, no more than five years may elapse
from the date the worker learns he or she is
suffering from an occupational disease and the
notification date.
Ontario
All occupational
diseases, as defined in
s. 2(1) of the Workplace
Safety Insurance Act,
1997, that occur due
to the nature of one or
more employments in
which the worker was
engaged.
Prince
Edward
Island
Québec
All diseases arising out
of and in the course of
employment
All diseases
Board may require
IME.
If disease is a result of cumulative
occupational exposure, date of injury is
the date on which initial medical attention
is sought for symptoms consistent with
the diagnosis or, if medical continuity of
compatible symptoms is unclear, the date of
diagnosis.
No more than six months after the worker learns
they suffer from the disease, or in the case of
a survivor, no more than six months after the
worker's death. The Workplace Safety and
Insurance Board (WSIB) may permit a claim to be
filed after the six-month period expires.
Will offset
Canada
Pension Plan
(CPP) monthly
survivors'
benefit paid to
the spouse.
Medical
Care
Unlimited
Compensation2
Same as for accidents.
Health care, as
defined in s. 32
of the Workplace
Safety Insurance
Act, 1997,
as may be
necessary,
appropriate, and
sufficient as
a result of the
injury/disease.
Board may require
IME.
Pulmonary disease
claims submitted to
committee, formed
by the Minister
of Labour, on
occupational lung
diseases.
Saskatchewan
All
diseases arising out
of and in the course of
employment
Medical review
panel issues final
decisions on
disputed medical
questions; based on
majority decision.
Yukon
Territory
All diseases
Board may require
IME.
Date loss of earnings has occurred as a
result of occupational disease or the date of
diagnosis of a disease which was determined
to be caused by occupational exposure.
Date of diagnosis or work stoppage due to
disability, whichever is earlier.
Within six months of injury or death. This time
limit may be extended where, in the opinion of
the Workers Compensation Board, it is just to
do so.
Within six months from the date the worker or
beneficiary is made aware that the disease or
death might be of an occupational nature; a late
claim could be allowed provided reasonable
grounds for tardiness.
Date worker initially sought medical care for
injury or date injury was initially reported to
the board, whichever is earlier.
Within six months from date injury is sustained
or date of death; excusable.
None
Unlimited
Same as for accidents.
Compensation and other
benefits same as for injuries
by accidents.
Medical care
for work-related
aspect of
disease
Same as for accidents.38
Unlimited
Same as for injuries.
Date injury arose.
Within one year of date injury arose. Exceptional
circumstances to allow a late claim.
Unlimited
Same as for injuries.
USCC Workers Comp 2024

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