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.

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