The purpose of this policy is to communicate that Federal Government Employee claims are adjudicated under New Brunswick legislation and policies except where a conflict is expressly noted in the Federal Government Employees Compensation (GECA) Act.
This policy applies to all claims for compensation by Federal Government Employees under the GECA.
When a federal government employee sustains a workplace injury, WorkSafeNB applies the Workers’ Compensation (WC) Act and the appropriate policies, directives, and practices for all aspects of adjudicating claims and their ongoing management.
WorkSafeNB’s policies are available online at www.worksafenb.ca.
2.0 Differences Specified by the GECA
2.1 Claiming Benefits Where Usually Employed
Under section 4 of the GECA, an employee or dependant can only apply for benefits in the jurisdiction where the employee was usually employed.
2.2 Third Party Actions
Sections 9 and 11 of the GECA detail that if a third party is involved in the accident, the employee must choose to claim compensation or bring an action against the third party. There is a statutory three-month limitation period after the happening of the accident in which to make this election under the GECA. Upon choosing to claim compensation, any rights the employee has against the third party are subrogated to the federal government and not WorkSafeNB.
An Act to compensate military members injured during service.
Martin v. Alberta (Workers’ Compensation Board), 2014 SCC 25
The Supreme Court of Canada ruled that the provincial boards and authorities are to adjudicate the claims of federal government employees – including both entitlement to and rates of compensation – according to provincial law, except where the GECA clearly outlines otherwise.
WorkSafeNB – means the Workplace Health, Safety and Compensation Commission or "the Commission" as defined by the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act.