Acts and Regulations

W-13 - Workers’ Compensation Act

Full text
Application for compensation, physician reports, notice of accident
44(1)When a worker or dependent is entitled to compensation under this Part he shall file with the Commission an application for such compensation, together with the certificate of the attending physician, if any, and such further or other proofs of his claim as may be required by the Commission.
44(2)A physician or surgeon attending or consulted upon a case of injury to a worker shall furnish or cause to be furnished, from time to time, such reports and in such form as may be required by the Commission in respect of the injury and the resulting condition of the worker.
44(3)A physician in attendance upon an injured worker shall give all reasonable and necessary information, advice and assistance to enable that worker or his dependents, as the case may be, to make application for compensation and to furnish such proofs as may be required by the Commission.
44(4)The employer shall notify the Commission on a form provided by the Commission of the following:
(a) the occurrence of an accident and the nature of it;
(b) the day and the time the accident occurred;
(c) the name and address of the worker who suffered an injury;
(d) the place where the accident occurred;
(e) the name and address of the worker’s attending physician or surgeon, if any; and
(f) any other particulars prescribed by regulation.
44(4.1)The notice under subsection (4) shall be made within three days after the date
(a) a worker suffers an injury as a result of an accident that may entitle the worker or his or her dependents to
(i) compensation under this Part including loss of earnings and medical aid expenses but excluding first aid provided by the employer, or
(ii) medical aid under this Part;
(b) a worker is diagnosed with an occupational disease; or
(c) the employer receives a notice from a worker in accordance with subsection (6), if the employer has knowledge of the accident only by such notice.
44(4.2)An employer who fails to provide the notice under subsection (4) within the time limit in subsection (4.1) is liable to an administrative penalty imposed under section 82.1.
44(5)The employer shall make such further and other reports respecting such accident and worker as may be required by the Commission.
44(5.01)An employer who fails to make a report required by the Commission under subsection (5) is liable to an administrative penalty imposed under section 82.1.
44(5.1)Every employer shall establish a procedure that requires a worker to notify the employer of an accident that the employer is required to report to the Commission under subsection (4).
44(6)Subject to subsection (10), compensation shall not be payable unless notice of the accident is given to the employer by the worker, or on his behalf, as soon as practicable after the happening of it and before the worker has voluntarily left the employment in which he was injured.
44(7)The notice to the employer by the worker shall give the name and address of the worker, and shall be sufficient if it states in ordinary language the cause of the injury and where the accident happened.
44(8)Repealed: 2013, c.14, s.2
44(9)Similar notice shall also be given by the worker to the Commission.
44(10)Failure to give the prescribed notice to the employer or any defect or inaccuracy in a notice does not bar the right to compensation if in the opinion of the Commission the employer is not prejudiced thereby.
R.S., c.255, s.40; 1981, c.80, s.3, 19; 1994, c.70, s.12; 2013, c.14, s.2; 2019, c.39, s.14
Application for compensation
44(1)When a worker or dependent is entitled to compensation under this Part he shall file with the Commission an application for such compensation, together with the certificate of the attending physician, if any, and such further or other proofs of his claim as may be required by the Commission.
Medical report of physician
44(2)A physician or surgeon attending or consulted upon a case of injury to a worker shall furnish or cause to be furnished, from time to time, such reports and in such form as may be required by the Commission in respect of the injury and the resulting condition of the worker.
Duty of physician
44(3)A physician in attendance upon an injured worker shall give all reasonable and necessary information, advice and assistance to enable that worker or his dependents, as the case may be, to make application for compensation and to furnish such proofs as may be required by the Commission.
Notice of accident by employer
44(4)The employer shall notify the Commission on a form provided by the Commission of the following:
(a) the occurrence of an accident and the nature of it;
(b) the day and the time the accident occurred;
(c) the name and address of the worker who suffered an injury;
(d) the place where the accident occurred;
(e) the name and address of the worker’s attending physician or surgeon, if any; and
(f) any other particulars prescribed by regulation.
Notice of accident by employer
44(4.1)The notice under subsection (4) shall be made within three days after the date
(a) a worker suffers an injury as a result of an accident that may entitle the worker or his or her dependents to
(i) compensation under this Part including loss of earnings and medical aid expenses but excluding first aid provided by the employer, or
(ii) medical aid under this Part;
(b) a worker is diagnosed with an occupational disease; or
(c) the employer receives a notice from a worker in accordance with subsection (6), if the employer has knowledge of the accident only by such notice.
Reports of employer
44(5)The employer shall make such further and other reports respecting such accident and worker as may be required by the Commission.
Procedure of employer
44(5.1)Every employer shall establish a procedure that requires a worker to notify the employer of an accident that the employer is required to report to the Commission under subsection (4).
Notice of accident by worker
44(6)Subject to subsection (10), compensation shall not be payable unless notice of the accident is given to the employer by the worker, or on his behalf, as soon as practicable after the happening of it and before the worker has voluntarily left the employment in which he was injured.
Contents of worker’s notice of accident
44(7)The notice to the employer by the worker shall give the name and address of the worker, and shall be sufficient if it states in ordinary language the cause of the injury and where the accident happened.
Service of worker’s notice of accident
44(8)Repealed: 2013, c.14, s.2
Notice of accident by worker
44(9)Similar notice shall also be given by the worker to the Commission.
Failure to give notice of accident to employer
44(10)Failure to give the prescribed notice to the employer or any defect or inaccuracy in a notice does not bar the right to compensation if in the opinion of the Commission the employer is not prejudiced thereby.
R.S., c.255, s.40; 1981, c.80, s.3, 19; 1994, c.70, s.12; 2013, c.14, s.2
Application for compensation
44(1)When a worker or dependent is entitled to compensation under this Part he shall file with the Commission an application for such compensation, together with the certificate of the attending physician, if any, and such further or other proofs of his claim as may be required by the Commission.
Medical report of physician
44(2)A physician or surgeon attending or consulted upon a case of injury to a worker shall furnish or cause to be furnished, from time to time, such reports and in such form as may be required by the Commission in respect of the injury and the resulting condition of the worker.
Duty of physician
44(3)A physician in attendance upon an injured worker shall give all reasonable and necessary information, advice and assistance to enable that worker or his dependents, as the case may be, to make application for compensation and to furnish such proofs as may be required by the Commission.
Notice of accident by employer
44(4)An employer, within three days after the happening of an accident to a worker in his employment that may entitle the worker or his dependents to compensation or medical aid under this Part or, where the employer has knowledge of the accident only by notice from the employee in accordance with subsection (6), within three days after receipt of such notice, shall notify the Commission in writing of the following:
(a) the happening of the accident and the nature of it;
(b) the time of its occurrence;
(c) the name and address of the worker;
(d) the place where the accident happened;
(e) the name and address of the physician or surgeon, if any, by whom the worker was or is attended for the injury;
(f) any other particulars required by regulation.
Reports of employer
44(5)The employer shall make such further and other reports respecting such accident and worker as may be required by the Commission.
Notice of accident by worker
44(6)Subject to subsection (10), compensation shall not be payable unless notice of the accident is given to the employer by the worker, or on his behalf, as soon as practicable after the happening of it and before the worker has voluntarily left the employment in which he was injured.
Contents of worker’s notice of accident
44(7)The notice shall give the name and address of the worker, and shall be sufficient if it states in ordinary language the cause of the injury and where the accident happened.
Service of worker’s notice of accident
44(8)The notice may be served by delivering it at or sending it by registered post addressed to the place of business or the residence of the employer, or where the employer is a body of persons corporate or unincorporate by delivering it at, or sending it by registered post addressed to the employer at, the office or if there are more offices than one at any of the offices of such body of persons.
Notice of accident by worker
44(9)Similar notice shall also be given by the worker to the Commission.
Failure to give notice of accident to employer
44(10)Failure to give the prescribed notice to the employer or any defect or inaccuracy in a notice does not bar the right to compensation if in the opinion of the Commission the employer is not prejudiced thereby.
R.S., c.255, s.40; 1981, c.80, s.3, 19; 1994, c.70, s.12