Federal Government Employees Policy 21-011 | Effective Date: September 4, 2014

Purpose 

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. 

Scope 

This policy applies to all claims for compensation by Federal Government Employees under the GECA. 

Statements 

1.0 General 

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 

The WC Act and provincial policies apply to federal government employees’ claims; except where the GECA expressly states a difference. The sections below identify these differences. 

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.