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WORKSAFENB COVERAGE
In New Brunswick, workers’ compensation is administered through a no-fault insurance system set up under the Workers’ Compensation Act. The system is designed to compensate injured workers and protect employers from being sued by workers who are injured on the job. A worker covered by workers’ compensation gives up the right to legal action against the employer in exchange for compensation and rehabilitation services provided by WorkSafeNB. The inability to sue relieves both employers and workers from the financial risks associated with workplace injuries and illnesses.
How Does Coverage Work?
More than 13,000 businesses in New Brunswick are covered by workers’ compensation insurance – a system that operates on the principle of collective liability for employers. Premiums paid by the entire employer population are pooled, and then used to pay the present and future costs of claims, and all of WorkSafeNB’s prevention and administration functions.
There are a variety of different coverages offered by WorkSafeNB, which are outlined below:
Mandatory Coverage
Employers having three or more workers are required to register for coverage with WorkSafeNB. They may be full-time, part-time, casual workers or non-registered contractors, subcontractors or brokers. Exception: An employer in the fishing industry must register for mandatory coverage when 25 or more workers are employed.
Definition of a Worker
The Workers’ Compensation Act of New Brunswick states: "worker" means a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes:
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| (a) | a learner, |
| (a.1) | an emergency services worker within the meaning of any agreement made under the
Emergency Measures Act between the Government of Canada and the Government of New
Brunswick in which provision is made for compensation with respect to the injury or death of
such workers, |
| b) | a member of a municipal volunteer fire brigade, and |
| c) | a person employed in a management capacity by the employer, including an executive officer
of a corporation, where that executive officer is carried on the pay-roll.
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Voluntary Coverage
When fewer than three workers are employed, coverage may be requested on a voluntary basis. Employers making such application must have at least one worker with a minimum of $3,000 in assessable earnings. Payment of the assessment must accompany the application. Exception: An employer with fewer than three workers working exclusively for one principal will not be granted voluntary coverage. The principal is responsible for all such subcontractors.
Personal Coverage
Once mandatory or voluntary coverage is established, personal coverage may be requested for (i) a non-salaried officer of a limited or incorporated company and (ii) a proprietor, partners and spouses of a proprietor or partner. The coverage requested may not be less than $12,000 nor greater than the maximum annual assessable earnings.
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