Who can appeal?
- An injured worker, a dependent or surviving spouse or an employer can appeal any decision, order or ruling of WorkSafeNB.
- A firefighter, former firefighter, dependent, surviving spouse, municipality or rural community can appeal any decision, order or ruling under the Firefighter’s Compensation Act.
- For appeals under the Occupational Health and Safety Act, any person affected by an order of an officer of the Commission that has been confirmed, varied or revoked by the Chief Compliance Officer.
How long do I have to appeal?
- There is a one-year time limit to appeal a decision, order or ruling made by WorkSafeNB. On application to the WCAT, the limitation period of one year may be extended by the WCAT in appropriate circumstances.
- Any decision by the Chief Compliance Officer under the Occupational Health and Safety Act must be appealed within seven days.
Who can help me with my appeal?
The Workers’ and Employers’ Advocates are available to assist with your appeal. They are available at no cost through the provincial government (see Quick Links). You can have a lawyer or any other representative assist with an appeal; however, fees charged by these representatives are your responsibility. You can also file and present an appeal without the assistance of a representative but you must be prepared to discuss the sections of the Act and policies relative to the issue being discussed.
How long will it take?
An appeal can take several months before it is scheduled. It is impossible to give a specific time as it depends on the complexity of the case, availability of the parties, their respective representatives and of a hearing chairperson. Once an appeal has been heard, there is a 90-day time limit to render a final decision. WCAT decisions are delivered in writing and are sent to all of the parties as soon as possible.
If I win my appeal, when do I get my money?
Decisions are sent to WorkSafeNB at the same time they are mailed to the parties. WorkSafeNB is responsible for claim management and implementing WCAT decisions. If your decision is favorable and you have not been contacted by WorkSafeNB within a couple of weeks of receipt of the decision, please contact the person responsible for the management of your file.
Will I be reimbursed for travel or time lost from work?
You may be reimbursed for travel costs to attend a hearing. At the hearing, the recording-secretary will provide you with a form indicating you attended the hearing. It is your responsibility to return this form to WorkSafeNB to obtain reimbursement for eligible travel expenses. Please contact the person responsible for the management of the claim if you need an advance or to make special travel arrangements.
Lost wages may be reimbursed for attendance at a hearing in accordance with WorkSafeNB policy.