Home Modifications to Assist with Functional Access Policy 21-403 | Effective Date: January 1, 2020

Purpose

The benefit outlined in this policy is intended to assist workers to improve their function in their homes. WorkSafeNB may assist these workers by providing home modifications or financial compensation to assist with  functional access and mobility.

Scope

This benefit is for workers who have severe long-term functional limitations resulting from a compensable workplace injury or disease and who require assistance with functional access to, and mobility within their home.

Statements

1.0 General

Section 43 of the Workers’ Compensation Act (WC Act) allows WorkSafeNB to provide benefits to assist workers prepare to return to work or improve function after a workplace injury occurs.

Using this discretionary authority, this policy defines a benefit that may assist workers with functional access to, or to be mobile or functional within their home by providing home modifications. This benefit is intended to assist with functioning and may not result in entirely barrier-free living.

In addition to the benefit described in this policy, WorkSafeNB also provides separate benefits that may help workers live more independently when their function has been impacted by a workplace injury or disease. These benefits include:

2.0 Eligibility

To be eligible, a worker must have experienced a compensable workplace injury or illness that resulted in severe and prolonged mobility impairment as determined by WorkSafeNB. This may include spinal cord or brain injuries requiring the use of a wheelchair, or other workplace injuries or diseases of similar severity that may result in functional limitations with functional access to, or mobility within their home. 

3.0 Assessing Need

Once eligibility is established, WorkSafeNB assesses the injured worker’s function at home to identify if there is a need for home modifications to enable the injured worker to gain access to their dwelling or be mobile or functional within it.  

The assessment of the worker’s function at home consists of the primary living areas, including the garage.

WorkSafeNB assesses long-term needs including any possible future deterioration of the worker’s function due to the compensable injury or illness.

4.0 The Benefit

When requirements for both eligibility and need are met, WorkSafeNB provides a home modification.

4.1 Home Modification

WorkSafeNB assigns the project to an external project manager who is responsible for completing the project within the identified budget.

The budget is based on the lesser of the estimated cost of the home modifications, including identified incidental costs, or the cost of a new barrier-free modular home.

Renovation or construction expenses must be reasonable and meet both of the following conditions:

  • The modifications would not normally be expected to increase the value of the home.
  • The modifications would not normally be incurred by persons of normal physical development, or persons who do not have a severe and prolonged mobility impairment.

4.2 Construction and Renovation

WorksafeNB may authorize the following expenses:

  • Reasonable amounts may be authorized to alter the driveway of the main place of residence of a person who has a severe and prolonged mobility impairment, to ease access to transportation services.
  • The amount paid for an electric or sealed combustion furnace bought to replace a furnace that is neither of these, where the replacement is necessary because of a person’s severe chronic respiratory ailment or immune system disorder – prescription needed.
  • The amounts paid for changes that give a person access to (or greater mobility or functioning within) their home because they have a severe and prolonged mobility impairment or lack normal physical development

4.3 The Budget and Upper Limit of Expenditure

The budget includes:

  • The costs required for the modifications as identified by the project manager or professional who assessed the project. This may include costs to address the building structure so that the modification can be completed;
  • Fees related to the project such as licences; and
  • Incidental costs such as temporary living arrangements, moving, storage, and other related items up to $2,000.

When determining the cost associated with the barrier-free modular home, WorkSafeNB considers:

  • Where the worker lives;
  • The size and needs of the worker’s family; and
  • Preparation work to make the home functional such as foundation, electrical and plumbing connections.

 

Workers’ Compensation Act (RSNB 1973, c W-13)

43

Other Relevant Legislation

Income Tax Act

118.2(2)

Income Tax Regulations 

232(1), 232(2), 232(4)

Tax Implications

Home modifications as outlined in this policy are generally considered as medical expenses and not reportable on a T5007.

Case Law

Fundy Linen Service Inc. v. Workplace Health, Safety and Compensation Commission, 2009 NBCA 13

The New Brunswick Court of Appeal provided its view that s.43 of the WC Act is discretionary and that WorkSafeNB only provides home modification benefits because it has chosen to do so. WorkSafeNB has the authority under s.43 to determine the extent to which it may provide benefits that assist injured workers to prepare to return to work or in lessening or removing barriers resulting from a compensable workplace accident.

 

Assistive devices – components or equipment that increase an injured worker’s functional restoration.

Prolonged means the disability is long-term and of indefinite duration.

Severe- means a mental or physical disability that prevents any type of substantially gainful work.

WCAT – means the Workers’ Compensation Appeals Tribunal established under the WHSCC & WCAT Act.

WorkSafeNB – means the Workplace Health, Safety and Compensation Commission or "the Commission" as defined by the WHSCC & WCAT Act.

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