2019 Analysis of Workers' Compensation Laws - 38

Chart IV-Coverage of Occupational Diseases, cont.

Jurisdiction

Nature of
Coverage1

Medical Boards

Deductions
From Death
Awards

Medical
Care

Compensation2

Onset of Disability or Death

Time Limit on Claim Filing

Within one year of date of diagnosis or six
months in case of death.

Within one year after injury or, in the case of
death, within six months of injury; however,
WorkSafeNB may extend the time period if the
delay is justified.37

No deduction37

Unlimited

Same as for accidents.

38 | 2019 Analysis of Workers' Compensation Laws

New
Brunswick

All diseases resulting
in disability or death
and arising out of
and in the course of
employment, excluding
mental stress (aside
from claims from
an acute reaction to
a traumatic event,
and post-traumatic
stress disorder in first
responders)

Newfoundland and
Labrador

All diseases arising out
of and in the course of
employment excluding
stress (except stress
from an acute reaction
to a sudden and
unexpected traumatic
event)

Committee of medical
consultants appointed
by WorkplaceNL

Date of disability or death is considered date
of injury.

Within three months after injury or six months
after death.

Canada Pension
Plan survivor
benefit may be
offset.

Within
parameters
of health care
entitlement
policy

Same as for accidents.

Northwest
Territories
and
Nunavut

All diseases

Board may require
IME.

Disease considered to have occurred on the
day the worker was disabled or diagnosed,
whichever is most beneficial to the worker
for compensation.

Within one year of day the disease occurs;
excusable.

No deduction

Unlimited

Same as for injuries.

Nova Scotia

All diseases,
excluding stress
(aside from an
acute reaction to a
traumatic event)

Board may require
IME.

Date of accident is considered date of
earnings, date PMI is determined, or date of
death, whichever is earliest.

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.

Unlimited

Same as for accidents.

Ontario

All diseases
arising out of and
in the course of
employment; some
restrictions regarding
exposure.

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 or, if medical continuity of compatible
symptoms is unclear, the date of diagnosis.

Within six months of knowledge of disease or
death; excusable.

Medical care
as may be
necessary,
appropriate,
and sufficient
as a result of
the injury.

Same as for accidents.
2019 Analysis of Workers' Compensation Laws

Table of Contents for the Digital Edition of 2019 Analysis of Workers' Compensation Laws
