Legal Advice
Worker's Compensation Claims
In Newfoundland, as in other Provinces, when a
person is injured in the course of his/her employment, the right to
sue the employer or any other third party is taken away by law, and
the injured worker has to submit a claim to the Worker's
Compensation Board. If coverage is accepted, the compensation will
be paid regardless of whether the employer was negligent.
If an injured worker is off work because of
injuries, he/she may be entitled to a form of compensation for loss
of income either on a temporary or long term basis. There are also
other services available such as rehabilitation, retraining and
various forms of medical aid.
In the event of an injured worker being in
disagreement with the decision of the Board, the Board may be
requested to reconsider in the form of an internal review. The
internal review is the final decision of the Board, and if the
worker is still not satisfied, he/she may refer the matter in the
form of an appeal to the Worker's Compensation Review Commission
which is an independent body.
In going
before the Worker's Compensation Review Commission, the
worker has an opportunity to present his/her evidence on
the case to the Review Commissioner whose decision is
usually final.
It is important to note, if a person is injured in a car
accident whilst in his/her employment, then such injured worker can
elect not to claim worker's compensation and can attempt to recover
from the third party or the third party's insurance as a personal
injury claim.(See article on personal injury.) This
would entitle a person to go not only for loss of income, etc. but
for general damages for pain and suffering. Such an election must be
made within six months of the accident, and proper notice must be
filed with the Worker's Compensation Board.
While care has been taken to ensure
the information contained herein is accurate, the firm does
not warrant that all the information relayed is correct. The
information provided is based upon Newfoundland law
and is supplied for general interest purposes only.
It is not intended, nor should be considered to be
specific legal advice or opinion.
For more assistance contact us directly!
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