Workers' Compensation in New Brunswick: WorkSafeNB Claims

New Brunswick's workers' compensation system is administered by WorkSafeNB, the public name of the Workplace Health, Safety and Compensation Commission, a body corporate created by the Workplace Health, Safety and Compensation Commission and Workers' Compensation Appeals Tribunal Act, S.N.B. 1994, c. W-14. Benefits and claims themselves run under a separate companion statute, the Workers' Compensation Act, R.S.N.B. 1973, c. W-13. Covered workers get no-fault benefits after a workplace injury, and a Commission decision can be challenged first through an internal Decision Review Office and then before the Workers' Compensation Appeals Tribunal (WCAT).

Information last verified on 2026-08-14. This article has not yet been reviewed by a licensed lawyer.

Key takeaways

Jurisdiction scope: This article addresses workers' compensation coverage, claims, benefits, and appeals in New Brunswick under the Workers' Compensation Act, R.S.N.B. 1973, c. W-13, as administered by WorkSafeNB (the Workplace Health, Safety and Compensation Commission). It does not address workers' compensation in Nova Scotia, Prince Edward Island, Newfoundland and Labrador, Yukon, or the Northwest Territories and Nunavut; see RecordingLaw's separate guides to those jurisdictions.

The System Here: WorkSafeNB and the Workers' Compensation Act

New Brunswick's system runs on two companion statutes. The Workplace Health, Safety and Compensation Commission and Workers' Compensation Appeals Tribunal Act, S.N.B. 1994, c. W-14, creates the Commission itself (publicly branded WorkSafeNB) and the Workers' Compensation Appeals Tribunal. The Workers' Compensation Act, R.S.N.B. 1973, c. W-13, sets out the actual benefits and claims scheme. Both are consolidated on the New Brunswick government's own legislation site current to January 1, 2024, though WorkSafeNB's own policy pages reflect several benefit changes made in 2024, 2025, and 2026 that postdate that consolidation.

The system is no-fault: an injured worker receives wage-loss and health care benefits without proving the employer was at fault, and Part I of the Act bars the worker's or a dependant's right to sue the employer once compensation becomes payable under the Act, subject to a release-and-pay mechanism for certain situations.

Who Is Covered (and Who Isn't)

Mandatory coverage under the Exclusion of Workers regulation, N.B. Reg. 82-79, applies to an employer that usually employs 3 or more workers at the same time throughout the year. Below that threshold, an industry can fall outside mandatory Part I coverage. The fishing industry carries its own, higher threshold: it is excluded from mandatory coverage unless the operation usually employs 25 or more workers at the same time.

In practice, coverage reaches full-time, part-time, and casual workers, along with non-registered contractors, subcontractors, and brokers working for a registered employer. WorkSafeNB also offers optional coverage: reported "Personal coverage" for self-employed individuals holding 2 or more work contracts (rather than working exclusively for a single principal), and a voluntary extension to partners and spouses of a registered employer. Some categories of private-residence work, such as child care, house cleaning, and home care, and workers employed by an individual on private-residence construction or renovation, are reported as exempt from coverage; a worker or employer in one of these categories should confirm current status directly with WorkSafeNB or against N.B. Reg. 82-79's current text before relying on that exemption.

Filing a Claim: Worker and Employer Duties

Section 16(1) of the Workers' Compensation Act sets the worker's filing deadline: an application for compensation must be made within 1 year after the date of the accident, or within 6 months after the date of the accident in a death claim. The Commission may extend that deadline if it determines the delay is justified and the employer is not prejudiced.

The employer's reporting duty runs on a much shorter clock. An employer must file the Employer Report of Injury or Illness within 3 days of the accident, the diagnosis, or being told of the injury by the employee, whichever triggers the duty.

Benefits: The 90% Rate and the 2026 Maximum

New Brunswick's wage-loss rate is 90% of a worker's net earnings. This is a genuinely recent change and a real trap for stale content: WorkSafeNB raised the rate from 85% to 90% of net earnings effective July 1, 2024, as part of a broader benefit-enhancement package. Any source, including older secondary summaries, that still states an 85% rate for New Brunswick is describing the pre-July-2024 rule, not the current one.

WorkSafeNB separately enhanced the survivor spouse benefit, reportedly to 90% of the deceased worker's net earnings with no family income test, effective July 1, 2025; a worker or advisor relying on the exact mechanics of that survivor benefit should confirm the current figure directly with WorkSafeNB.

For 2026, the Maximum Annual/Assessable Earnings (MAE) figure is $85,800. WorkSafeNB calculates the MAE by multiplying the New Brunswick Industrial Aggregate Earnings figure for the year ($53,632 for 2026) by 1.6, rounded to the nearest $100. That 1.6 multiplier is itself a recent change, raised from 1.5 as part of the same 2024 benefit-enhancement package that pushed the wage-loss rate to 90%; the 2024 MAE was originally set at $76,900 and was revised upward to $82,100 once the new multiplier took effect.

Appeals: Decision Review Office, Then WCAT

New Brunswick's appeal structure is two-tier: a worker or employer must first request review by the Decision Review Office (DRO) within 90 days of the original Commission decision, then may appeal the DRO's decision to the Workers' Compensation Appeals Tribunal (WCAT-NB) within 1 year of that decision. WCAT-NB itself notes that a written appeal decision can take several months and up to a year to issue, which is a service-level expectation, not a legal deadline. A separate and much shorter 7-day deadline applies to appealing a Chief Compliance Officer decision under the Occupational Health and Safety Act; that is an OHS enforcement deadline and should not be confused with the compensation-claim appeal deadlines above.

Protection From Reprisals

Section 42.3(1) of the Workers' Compensation Act bars an employer from dismissing, suspending, laying off, penalizing, disciplining, or discriminating against a worker because the worker suffered a compensable injury. Section 42.3(2) sets a distinctive, size-tiered duration for that protection: it runs from the date of injury until the later of (a) the date the Commission decides the compensation application, or (b) a further period of 1 year after the worker became entitled to compensation if the employer had fewer than 20 workers at the start of that period, or 2 years if the employer had 20 or more workers. Most other provinces in this dossier do not scale the protection window by employer size the way New Brunswick does. The Commission also has exclusive jurisdiction to determine whether an employer met a related re-employment obligation under a companion section of the Act.

For workers' compensation in Nova Scotia, Prince Edward Island, Newfoundland and Labrador, Yukon, and the Northwest Territories and Nunavut, see RecordingLaw's separate guides to Nova Scotia workers' compensation, Prince Edward Island workers' compensation, Newfoundland and Labrador workers' compensation, Yukon workers' compensation, and Northwest Territories and Nunavut workers' compensation.

Disclaimer

This article provides general information about the workers' compensation system in New Brunswick. It is not legal advice and does not create a lawyer-client relationship. It addresses the Workers' Compensation Act, R.S.N.B. 1973, c. W-13, and the Workplace Health, Safety and Compensation Commission and Workers' Compensation Appeals Tribunal Act, S.N.B. 1994, c. W-14, as administered by WorkSafeNB, current as of the verification date above, though the government's own consolidated statute text is dated to January 1, 2024 while several benefit figures reflect later WorkSafeNB policy changes through 2026. A handful of details, including the exact statutory section for the no-fault bar, the "Personal coverage" and private-residence exemption criteria, and the July 2025 survivor-spouse enhancement, rest on WorkSafeNB's own secondary guidance rather than a full-text statute pull for this article; confirm current requirements directly with WorkSafeNB before relying on them for a specific claim. Anyone with a workplace injury or a WorkSafeNB dispute should contact WorkSafeNB directly or consult a lawyer licensed in New Brunswick.

Frequently Asked Questions

How long do I have to file a WorkSafeNB claim?

Generally 1 year from the date of the accident, or 6 months in a death claim, under section 16(1). The Commission may extend the deadline if it finds the delay justified and the employer is not prejudiced.

How much does WorkSafeNB pay in wage-loss benefits?

90% of a worker's net earnings. This rate was raised from 85% effective July 1, 2024, so figures citing 85% describe the earlier rule. For 2026, the Maximum Annual/Assessable Earnings figure is $85,800.

Does my employer have to report my injury to WorkSafeNB?

Yes. An employer must file the Employer Report of Injury or Illness within 3 days of the accident, diagnosis, or being told of the injury.

What if WorkSafeNB denies my claim?

A worker or employer can request review by the Decision Review Office (DRO) within 90 days of the Commission's decision, then appeal to the Workers' Compensation Appeals Tribunal (WCAT-NB) within 1 year of the DRO decision.

Can I sue my employer instead of filing a WorkSafeNB claim?

Generally no. Once compensation becomes payable under the Act, a worker's or dependant's right of action against the employer is barred, subject to a release-and-pay mechanism in certain situations.

Can my employer retaliate against me for filing a claim?

No. Section 42.3(1) bars an employer from dismissing, suspending, laying off, penalizing, disciplining, or discriminating against a worker for a compensable injury, and that protection lasts 1 to 2 years past entitlement depending on employer size.