2020 Analysis of Workers' Compensation Laws - 40

Chart IV-Coverage of Occupational Diseases, cont.

Jurisdiction

Nature of
Coverage1

Medical Boards Onset of Disability or Death

Time Limit on Claim Filing

Deductions
From Death
Awards

Medical Care

Compensation2

40 | 2020 Analysis of Workers' Compensation Laws

Alberta

Diseases resulting
in disability or death
and arising out of
and in the course
of employment.
Diseases are listed
in Schedule B
of the Workers'
Compensation
Regulation.

Appointed by
discretion of board.

 

Within two years of injury or death; excusable.

 

Unlimited

Same as for accidents.

British
Columbia

All diseases due
to the nature of
employment resulting
in disability or death
as if they are injuries
arising out of and
in the course of
employment

 

Date of disablement is considered date of
disability.

Within one year of date of injury, death, or
disability. If after three years and special
circumstances existed, board may pay
compensation. If within three years after
new scientific medical evidence is available,
compensation may be paid from date of
disability.

In certain
situations, 50%
of CPP benefits

100% if related
to compensable
condition.
Worker need not
be disabled by
disease.

Generally same as for
injuries. No loss of earning
required for claims of
pneumoconiosis, silicosis,
asbestosis, noise-induced
hearing loss, or compensation
for health care benefits
resulting from disease.

Manitoba

All diseases resulting
in disability or death
and arising out of
and in the course of
employment

Independent panel
of medical experts
may be appointed.

In cases involving workplace fatalities, date
of death will be used to determine benefit
levels provided to the deceased worker's
dependents or estate.36

Within one year of injury or death; excusable.

Same as for
injuries, no
deduction

Unlimited

Same as for injuries.

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)

 

Within one year of date of disablement or
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.

Newfoundland and
Labrador

All diseases arising
out of and in the
course of employment
excluding stress
(except stress from
a reaction to a
traumatic event or
events)

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.
2020 Analysis of Workers' Compensation Laws

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