Allocation of Claim Costs Policy 21-300 | Effective Date: January 10, 2023

Policy

WorkSafeNB has a comprehensive process for allocating claim costs to the appropriate employer account. These costs are then used to determine the basic assessment rates and employers’ experience rating.

 A worker’s claim costs are usually allocated to the accident employer. However, depending upon the circumstances of the claim, WorkSafeNB may allocate all or part of the claim costs to:

• Alternate employer(s);
• An industry group account; or
• The all assessed employers account.

WorkSafeNB may recover claim costs and credit the appropriate account in the following circumstances:

• Registered Blind Persons;
• Third party recovery; and
• Overpayments.

Interpretation

Cost Allocation

Learners

1. Normally, claim costs for learners are allocated to the employer’s account, except for accidents in the following circumstances:

•  High school students, enrolled in a provincial institution, participating in an approved experiential learning program are charged to the Department of Education and Early Childhood Development;
• High school students enrolled in private institutions participating in approved experiential learning programs will be charged to the employer sponsoring the student;
• New Brunswick Community College (NBCC) students and Collège Communautaire du Nouveau-Brunswick (CCNB) students, including students of the Fisheries School of New Brunswick (part of CCNB) are charged to the respective colleges, unless sponsored by an employer, in which case the costs are charged to the employer sponsoring the student;
• New Brunswick College of Craft and Design students are charged to the Department of Post-Secondary Education, Training and Labour, unless sponsored by an employer, in which case the costs are charged to the employer sponsoring the student;
• Students enrolled in supporting employment programs are charged to the placement agency or association.

 Emergency Service Workers

2. When emergency service workers are injured while performing duties under the Emergency Measures Act, the claim costs are allocated to the Department of Justice and Public Safety.

Long-Term / Multiple Jurisdiction Exposure Conditions

3. WorkSafeNB reviews all information available and allocates the costs for long-term/multiple jurisdiction exposures to:

• The accident employer when there is only one employer where the exposure occurred;
• The industry group or groups when there are multiple employers where the exposures occurred, this includes when the employer is inactive; and
• The all assessed employer account when a portion of the exposure occurred with employers that are non-registered or operate outside New Brunswick

4. Costs are proportioned when there is more than one employer based on the estimated length of time with each employer where the exposure occurred. The exception is hearing loss claims, where costs will be allocated to the predominant industry group.

Cost Reallocation

Concurrent Employment

5. When a worker has earnings from more than one employment source, WorkSafeNB allocates the loss of earning benefits in excess of the earnings paid by accident employer to all assessed employers account.

Subsequent Injury and Secondary Injury

6. When a worker sustains a subsequent or secondary injury, the injury remains part of the original claim. However, when the subsequent or secondary injury is a pre-existing condition the claim costs will be allocated as described in the section Pre-existing Conditions.

Pre-Existing Conditions and Personal Conditions

7. Cost reallocation is provided under legislation for pre-existing conditions. When the pre-existing condition is aggravated by  workplace injury, the costs related to the aggravation are allocated to the industry group.

8. WorkSafeNB also provides cost reallocation when either a personal intervening condition or a pre-existing condition prolong the expected healing time of the compensable condition. WorkSafeNB will allocate the claim costs beyond the expected healing time to all assessed employers account.

Recovery of Costs

Registered Blind Persons

9. Where the worker is a registered blind person, the accident employer’s account will be reimbursed for claim costs that exceed $50 by the Province’s Minister of Finance.

Third Party

10. When accidents involve a third party, the injured worker or WorkSafeNB may be able to take legal action against the third party as outlined in Policy 46-220 Third Party Actions. When a settlement is recovered, WorkSafeNB credits the account charged with the amount recovered in any settlement or judgement.

Overpayment

11. WorkSafeNB may collect overpayments according to Policy 21-290 Recovery of Claim-related Overpayments. When an overpayment is recovered, the account charged is credited the amount recovered.

12. When an overpayment is not recovered, the overpayment amount is allocated to all assessed employers account.

Self-insured employers

13. Self-insured employers are not eligible for reallocation of costs to the industry group account or all assessed employers account since they are not part of the compensation insurance pool of employers.

Firefighter Compensation Act

14. Claims accepted under the Firefighters’ Compensation Act are allocated to the appropriate firefighter employer accounts. The only circumstance in which claim costs will be removed is when the costs are recovered.

Application 

This policy applies to al claim decistions on or after the effective date.