The purpose of this policy is to provide WorkSafeNB staff with guidelines for providing or replacing clothing and footwear by:
This policy applies to injured workers who require the provision or replacement of clothing or footwear because of a compensable workplace accident.
1.0 General
WorkSafeNB adjudicates all claims using the criteria outlined in Policy 21-100 Conditions for Entitlement – General Principles. Once a claim is accepted, WorkSafeNB may provide medical aid benefits. This includes offsetting the cost of clothing and footwear damaged or required because of the compensable injury.
As outlined in Policy 25-001 Medical Aid Principles, the WC Act provides WorkSafeNB with the authority to determine:
WorkSafeNB also has the authority under 41(4) of the Act to set the fees paid for these services.
In terms of clothing and footwear, this means that WorkSafeNB determines:
Fee Schedule 29-557 Clothing and Footwear outlines the maximum reimbursement amounts set by WorkSafeNB to meet these needs.
2.0 Clothing and Footwear Damaged in a Compensable Injury
The definition of medical aid in the WC Act, allows WorkSafeNB to offset the cost of replacing clothing and footwear damaged in a compensable workplace accident or during the treatment of the injury.
WorkSafeNB may also reimburse injured workers the cost of replacing specialized clothing or footwear such as chainsaw pants.
WorkSafeNB requires receipts for all reimbursement.
WorkSafeNB does not reimburse the cost of:
For more information on the maximum amount paid specific types of clothing, see Fee Schedule 29-557 Clothing and Footwear.
3.0 Rehabilitative Footwear
WorkSafeNB provides rehabilitative footwear as medical aid under ss 41(3) of the WC Act when prescribed by a licensed health care provider for the treatment of a compensable injury. Prescribed footwear is limited to orthopaedic footwear (shoes, boots, and inserts) to overcome the disability as a result of the injury.
4.0 Clothing Damaged from Wearing a Prosthesis or Orthosis or Using a Wheelchair
The WC Act, under subsections 38.101(11), 38.11(19) and 38.2(10) provides WorkSafeNB with the discretion to offset the cost of replacing damaged clothing from wearing a prosthesis or orthosis or using a wheelchair required because of a compensable workplace injury.
The prosthesis or orthosis may be required because of:
WorkSafeNB considers requests for reimbursement on a case-by-case basis, when clothing is damaged from wearing other types of orthoses provided for a compensable workplace injury.
In addition, injured workers with multiple amputations may be entitled to additional reimbursement.
Receipts must be submitted for reimbursement.
For more information, see Fee Schedule 29-557 Clothing and Footwear.
Legislation
Workers’ Compensation Act (WC Act)
38.101(11) The Commission may, in its discretion, pay to a worker an allowance in any amount that the Commission considers appropriate for the replacement or repair of clothing worn or damaged by reason of the worker wearing an artificial limb or appliance supplied by the Commission in respect of the injury.
38.11(19) The Commission may, in its discretion, pay to a worker an allowance in any amount that the Commission considers appropriate for the replacement or repair of clothing worn or damaged by reason of the worker wearing an artificial limb or appliance supplied by the Commission in respect of the injury.
38.2(10) The Commission may, in its discretion, pay to a worker an allowance in any amount that the Commission considers appropriate for the replacement or repair of clothing worn or damaged by reason of the worker wearing an artificial limb or appliance supplied by the Commission in respect of the injury.
41(1) The Commission may provide any medical aid that the Commission considers necessary as a result of a worker’s injury by accident to a worker entitled to compensation under this Part, or a worker who would have been entitled to compensation had the worker been disabled for one day.
41(2) The medical aid referred to in subsection (1) shall be
41(2.1) The Commission shall include the costs of providing medical aid in the assessments levied on the employers.
41(3) All questions as to the necessity, character and sufficiency of any medical aid under subsection (1) shall be determined by the Commission in its discretion.
41(4) The fees or charges for such medical aid shall not be more than would be properly or reasonably charged to the worker if he were himself paying the bill, and except in the case of an employer individually liable and himself furnishing the medical aid, the amount thereof shall be fixed and determined by the Commission and no action for any amount larger than that fixed by the Commission lies in respect of any medical aid herein provided for; and no action for the recovery of fees or charges for such medical aid may be brought against the Commission unless application for payment thereof is made in writing to the Commission within ninety days after such medical aid has been completely rendered.
43 To aid in getting injured workers back to work and to assist in lessening or removing any handicap resulting from their injuries, the Commission may take such measures and make such expenditures as it may deem necessary or expedient, and the expense thereof shall be borne and may be collected in the same manner as compensation or expenses of administration.
118.2(2) For the purposes of subsection (1), a medical expense of an individual is an amount paid:
i) for, or in respect of, an artificial limb, an iron lung, a rocking bed for poliomyelitis victims, a wheel chair, crutches, a spinal brace, a brace for a limb, an ileostomy or colostomy pad, a truss for hernia, an artificial eye, a laryngeal speaking aid, an aid to hearing, an artificial kidney machine, phototherapy equipment for the treatment of psoriasis or other skin disorders, or an oxygen concentrator, for the patient;
232(4) Subsections (1) and (2) are not applicable in respect of a payment or an award in respect of
(a) medical expenses incurred by or on behalf of the employee;
(d) job training or counselling of the employee; or
5700 For the purposes of paragraph 118.2(2)(m) of the Act, a device or equipment is prescribed if it is a
(e) orthopaedic shoe or boot or an insert for a shoe or boot made to order for an individual in accordance with a prescription to overcome a physical disability of the individual;
Rehabilitative footwear is generally considered a medical expense and not reportable on a T5007.
Clothing is generally not an eligible medical expense and will be reported on a T5007.
Policy-related Documents
Policy 21-100 Conditions for Entitlement – General
Principles
Policy 25-001 Medical Aid Principles
Policy 25-003 Home Care and Independence
Fee Schedule 29-557 Clothing and Footwear
Rescind
Policy 25-008 Clothing and Footwear release 004, approved 20/01/2020.
Medical aid – medical, surgical and dental aid, hospital and skilled nursing services, services of a registered chiropractor within his legal jurisdiction, artificial members and apparatus including the repair and replacement thereof, transportation, clothing allowances with respect to damage caused to clothing as a result of the use of an artificial apparatus or as a result of any accident, and such other treatment, services or attendance as are necessary as a result of any injury. (WC Act)
Orthopaedic footwear – rehabilitative footwear containing features that are specifically selected by a qualified footcare professional and that are used to “correct” or manage a medical condition. (The Pedorthic Association of Canada)
Orthosis – any device added to the body to stabilize or immobilize a body part, prevent deformity, protect against injury, or assist with function. (Taber’s)
Prosthesis – a device that replaces a missing part by an artificial substitute, such as an artificial extremity. An artificial organ or part. (Taber’s)
WorkSafeNB – means the Workplace Health, Safety and Compensation Commission or "the Commission" as defined by the WHSCC & WCAT Act.