2020 Analysis of Workers' Compensation Laws - 41

Chart IV-Coverage of Occupational Diseases, cont.

Jurisdiction

Nature of
Coverage1

Deductions
From Death
Awards

Medical Care

Compensation2

2020 Analysis of Workers' Compensation Laws | 41

Medical Boards Onset of Disability or Death

Time Limit on Claim Filing

All diseases
Northwest
Territories
and Nunavut

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 the 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.

Prince
Edward
Island

All diseases arising
out of and in the
course of employment

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.

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.

 

Unlimited

Same as for accidents.

Québec

All diseases

Pulmonary disease
claims submitted to
committee, formed
by the Minister
of Labour, on
occupational lung
diseases.

Date of diagnosis or work stoppage due to
disability, whichever is earlier.

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.

 

Medical care for
work-related aspect
of disease

Same as for accidents.38

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.

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 injuries.

Yukon
Territory

All diseases

Board may require
IME.

Date injury arose.

Within one year of date injury arose. Exceptional
circumstances to allow a late claim.

 

Unlimited

Same as for injuries.
2020 Analysis of Workers' Compensation Laws

Table of Contents for the Digital Edition of 2020 Analysis of Workers' Compensation Laws
