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Authorized representativeIf you would like for us to discuss yourclaim with your spouse, family member orother representative (such as a friend orunion representative), we require yourwritten authorization. You may authorizea representative by completing section Gof the Form 6 or by completing a Form 13 –Authorized Representative Consent.An authorized representative can only be anindividual. It cannot be a company or organization.The Form 13 is available on workplacenl.ca orfrom any of our offices. You may add or removeyour authorized representative at any timeby writing us or completing a Form 13.Benefits/Services forInjured WorkersHealth careWe pay reasonable health care expenses relatedto a workplace injury. These include healthcare services such as physician and hospitalvisits, prescription drugs, physiotherapy,We also pay reasonable costs for travel, whereappropriate, including accommodations and meals.You can choose the health care provider youwish to see after an injury. In some cases,WorkplaceNL may request an examination bya specific physician. If for any reason you wantto change your health care provider, youshould speak with your case manager.If you are referred to a physiotherapist, youmust contact a physiotherapy clinic within72 hours. A physician referral is not requiredto attend a physiotherapy clinic within twoweeks from the date of a new injury.Health care supplies andadaptive aidsWorkplaceNL has tendered for commonlyprescribed health care supplies and adaptiveaids. Health care supplies and/or adaptive aidsrequire prior approval by WorkplaceNL. Whenprescribing health care items, your treatinghealth care provider should submit a completedHealth Care Devices and Supplies PrescriptionForm to WorkplaceNL, including the rationalefor the prescribed item(s), the measurementsand/or size required.If an ordered item(s) is not suitable, notifythe health care benefits assistant assignedto your claim immediately. He/she can adviseyou if the item is returnable. Items beingreturned must be: in the original packaging and shippingmaterial;chiropractic and occupational therapy. Alsoincluded are health care supplies and adaptiveaids that may be required for your work injury.5INJURED WORKERS’ HANDBOOK unused and in re-sale condition (notsoiled in any way); and given back within three days of receipt.

Wage-loss benefits13-week rate reviewWhen we accept your claim for wage-loss benefits,your compensation usually starts the day afteryour injury. Your employer is required to payyour full wages for the day of the injury.At 13 weeks, WorkplaceNL will recalculateyour average earnings based on what youearned for the 12 months before the injury,which may include EI benefits.You may receive wage-loss benefits if you areunable to work due to your compensable injury,receiving medical treatment and/or participatingin a return-to-work or labour market re-entryprogram. If you refuse treatment recommendedby your health care provider, delay treatmentor fail to participate in a return-to-work orlabour market re-entry program withoutlegitimate reason, your benefits may beinterrupted or discontinued.Tax table changesCalculating entitlement and deductionsWage-loss benefits are calculated as 85 percent of your pre-injury net earnings. Your netearnings are your gross earnings less probableEmployment Insurance (EI), Canada PensionPlan (CPP) and federal and provincial taxcredits. Your wage-loss benefits cannot be basedupon earnings greater than what we cover,which is the maximum compensable ceiling.Initial rateWe usually calculate your wage-loss benefitsbased on your average earnings. When calculatingyour average earnings for your initial rate, thefour pay periods immediately before the injuryare considered. This calculation may changedepending on your employment status (e.g.seasonal worker).Federal and provincial income tax tables changeeach year and as a result, you may experiencea slight increase or decrease in your benefitlevel during scheduled income tax adjustments.Deductions and offsetsWorkplaceNL does not pay union dues or anyother deductions you normally pay. We considerCPP disability benefits related to the injury andemployer-sponsored pension benefits (whicha worker applies for and receives followinga work injury) as earnings and deduct thesefrom compensation benefits.Your compensation benefits may be reducedif garnishment of wages exists for supportenforcement or social assistance.Where there is entitlement, we may pay wage-lossbenefits until a worker reaches age 65. A workerwho is 63 or older at the time of injury mayreceive benefits for a maximum of two years.RecurrenceIf you recover and/or return-to-work, and yourinjury causes further disability (recurrence), youmay re-apply for benefits. You should report thisto your employer as soon as possible, giving thefull details of the recurrence.INJURED WORKERS’ HANDBOOK6

To apply for recurrence review, send in a Form 6.Your employer submits a Form 7 and yourhealth care provider files a Physician’s ReportForm MD, a Chiropractor’s Report Form 8/10cor a Physiotherapy Report Form PR. The Form 6and the Form 7 are available from your employeror from workplacenl.ca.Additional child care costsIf you pay for additional child care becauseof your work injury you may be reimbursedif this amount is more than what you normallypaid while working. If you pay for additionalchild care costs because you are attendingmedical treatment for your work injury, orattending a labour market re-entry programsponsored by WorkplaceNL, you may apply forreimbursement of these additional costs. If youare not attending medical treatment, or alabour market re-entry program, child carecosts will not be reimbursed.Early and Safe Return-to-Work(ESRTW)The main focus of ESRTW is to enable you toremain at the workplace while you recoverfollowing an injury or to return to the workplacein a safe and timely manner if you have alreadylost time from work.Recovery-at-work may involve making changesto your duties and/or hours of work. It mayalso involve changes to your workplace suchas acquiring equipment or other devices tohelp you.7INJURED WORKERS’ HANDBOOKWhen identifying ESRTW opportunitieswith your employer, the first priorityshould be to maintain your connectionto your pre-injury job at some level.Where this is not possible, it is important towork with your employer to identify suitableand available employment that is within yourphysical capabilities.Both you and your employer are obligatedunder the Act to co-operate in ESRTW. Shouldyou and your employer require any assistanceduring this process, you should contact yourcase manager. WorkplaceNL also has anESRTW facilitator to assist with developingand maintaining a successful ESRTW program.Your employer must pay you for work performedduring your ESRTW program and we pay thedifference, up to your compensation rate.Labour market re-entry (LMR)In cases where the pre-injury employer isunable to accommodate you or has beenfound to be non co-operative in the ESRTWprocess, or where the nature of your injury limitsthe employer’s ability to accommodate yourreturn to suitable employment, WorkplaceNL willconsider a labour market re-entry assessment andplan which may involve the following programs:On-the-job training programWe may sponsor your on-the-job training to allowyou to obtain new skills to become employablewith your employer or another employer.

Employment readinessWe may also provideemployment readinessservices, including wage-lossbenefits if you are displacedfrom your job becauseof your injury, but arecapable of re-enteringthe workforce with yourcurrent skills. Services thatare available may includeresume preparation, jobinterview preparationand learning to access information on securingjob opportunities.HealthSafetyCompensationAcademic upgrading/formal trainingWe may sponsor your completion of academictraining (e.g. high school or post-secondarytraining) so you can upgrade your skills tore-enter the workforce.Self-employmentWe may provide financial assistance to you forself-employment purposes if this is consideredto be a reasonable and viable return-to-workoption. A market impact analysis will beconducted before any self-employmentventure is approved.Extended earnings loss (EEL)benefitsFollowing maximum medical recovery fromyour work injury, if you are unable to earn asmuch as you earned before your injury, youmay be entitled to EEL benefits. In order todetermine entitlement, WorkplaceNL considersyour gross pre-injury earnings, (subject to themaximum compensable ceiling as of the dateof wage loss), and calculates the net earningsby deducting probable EI, CPP and income taxdeductions. The Consumer Price Index (CPI) isthen applied to these gross pre-injury earnings.From there, WorkplaceNL deducts any netincome that you are receiving or consideredcapable of earning, which results in a netweekly wage loss. The EEL rate payable is 80%of this net weekly wage loss.Permanent functionalimpairment (PFI)If your injury causes a permanent loss of bodilyfunction, you may qualify for a lump-sumbenefit in addition towage-loss benefits andhealth care benefits.The PFI is calculated bymultiplying the percentageinjury impairment by themaximum compensableceiling.WorkplaceNL will determinethe percentage of theimpairment by matchingthe physical findings withour PFI rating scheduleor the American Medical Association guidelinesfor permanent impairment.HealthSafetyCompensationINJURED WORKERS’ HANDBOOK8

You may be eligible for a PFI assessment aftertreatment and maximum recovery. You willonly be re-assessed if function deteriorates.Different parts of the body are of more functionalimportance than others and the PFI reflectsthat. The PFI benefit does not give a separateaward for pain and suffering.an offset when calculating weekly compensationbenefits. The combined amount of the CPPdisability benefit and the compensation benefitmay be greater than income from the compensationbenefit alone.Dependency benefitsIf a worker dies as a result of a work-relatedinjury or illness, there are benefits for theirdependants. These benefits may includea lump-sum award and monthly benefits,based on the deceased worker’s compensableincome. The amount, type and length of timewhen benefits are paid vary. For more informationabout dependency benefits, please contact us.Retirement benefitsWhen you turn 65 years of age and are receivingor had received EEL benefits at any time youare entitled to a one-time lump-sum retirementbenefit. This benefit is based on five per cent ofyour total Extended Earnings Loss (EEL) benefits,plus interest. If you were a member of an employersponsored pension plan (ESPP), the lump-sumpayment is 10 per cent of your total EEL benefits,plus interest. Where appropriate, the retirementbenefit may be paid to dependents of deceasedworkers.CPP disability benefitsThe CPP disability benefit is a taxable benefitadministered by Service Canada. You may beeligible to receive CPP disability benefits andit may be an advantage to apply. WorkplaceNLonly considers 75 per cent of CPP disability as9INJURED WORKERS’ HANDBOOKFurthermore, if you are eligible for CPP disabilitybenefits, your dependants could also benefitfinancially because we do not deduct CPPdependency benefits from wage-loss benefits.If you apply for and receive CPP disabilitybenefits related to your work injury whilereceiving full compensation benefits for thesame period, a portion of your retroactiveCPP disability benefits must be paid backto WorkplaceNL. For further informationcontact your case manager.To obtain an application for the CPP disabilitypension, please contact Service Canada directlyby visiting servicecanada.gc.ca or by calling1.800.277.9914.

Requesting a review ofWorkplaceNL’s decisionFor more information on the internal reviewprocess, please visit workplacenl.ca.Employees at WorkplaceNL make decisionsevery day to determine injured workers’entitlement to benefits. If you are dissatisfiedwith a decision, you may request an internalreview within 30 days of receiving our decisionletter. In an internal review, an internal reviewspecialist will examine the issue to ensure allrelevant information has been considered.Requesting an external reviewYour request for review must be made in writingor by using a Request for Internal Review formlocated on workplacenl.ca. You must clearlystate the decision which you disagree with andthe reason why you disagree. If the reason foryour request is unclear, it may cause a delay in thereview. Your employer can also request a reviewof a decision on your file. If this occurs, you willbe advised and you will be able to participate.The internal review decision is the final decisionof WorkplaceNL. If you are not satisfied withthis decision, you can request the WorkplaceHealth, Safety and Compensation ReviewDivision (WHSCRD) to review it. Your request foran external review must be filed within 30 daysfrom the date you receive our final decision.The internal review decision is always in writingand will be provided within 45 days from thedate your request is received.To request an internal review, please sendyour request for review to:Administrative Officer, Internal ReviewWorkplaceNL146-148 Forest RoadP.O. Box 9000St. John’s, NL A1A 3B8WHSCRD is an external body independentfrom WorkplaceNL. For more information,please contact their office at 709.729.5542(or 1.888.336.1111) or visit their websitegov.nl.ca/whscrd.INJURED WORKERS’ HANDBOOK 10

Commonly AskedQuestions and AnswersHow can I manage my claim? Bring the employer’s copy of the Physician’sReport (Form 8MD), Chiropractor’s Report(Form 8/10c) or Physiotherapy Report (FormPR) to your employer by the next workingday or as soon as possible. Have your claim number ready before you call us.Accessing your fileYou or your authorized representative canaccess your file. Access may include reviewingyour file documents in-person or requestingcopies of documents from your file. All requestsfor file copies must be made in writing. Pleaseinclude your name, address and claim number,as well as the specific information you arerequesting and submit to:Internal Review Clerk, WorkplaceNL146-148 Forest RoadP.O. Box 9000St. John's, NL A1A 3B8Your employer may also request informationfrom your file if a request for internal reviewis registered. In this case, the employer willonly receive information relevant to thedecision under review. You will be notifiedif this occurs.11INJURED WORKERS’ HANDBOOK Continue to follow the advice of your healthcare provider(s). Notify your case manager immediately if thereare any changes in your status, treatment planor ESRTW program. If you would like to meet with your case managerto discuss your claim, call ahead to schedulean appointment. Contact your employer regularly to let him/herknow your functional abilities and discussrecovery-at-work. Notify your claim owner of any disputes ordifficulties with ESRTW. Keep a log of all communication with youremployer. If you are referred to a physiotherapist, contacta physiotherapy clinic within 72 hours. To avoid any potential overpayment, notifyyour case manager immediately if you becomeeligible for Canada Pension Plan disabilitybenefits, registered employer-sponsoredpension plan benefits, or any other moniesfrom your employer.

Will I receive compensationbenefits if the injury was my fault?Yes. Workers’ compensation is a no-faultinsurance system. This means that workersare eligible for benefits for work-related injuriesregardless of who is at fault unless the injuryis attributable solely to the serious and wilfulmisconduct of the worker. See Section 43(1)(a)of the Act.Everyone must always follow proper occupationalhealth and safety procedures in the workplace.If we sue and recover more money than youare entitled to receive in compensation,we will pay you the excess, less legal andadministrative costs.If you choose to sue and are unsuccessful, oryou recover less money than you would havereceived from us, you are not eligible for anycompensation benefits.For further details on third party actions,please see the Third Party Actions – Your Rightto Sue brochure available on workplacenl.caor by calling 1.800.563.9000.Can I sue if I was injured at work?As this is a no-fault system, you generallycannot sue your employer or another workercovered under the Act, although there areexceptions. For example, you may have the rightto bring legal action against a third party if theinjury is due to the negligence of someone otherthan a worker or employer. This may also applyif the injury is a result of a motor vehicle accidenteven though the person responsible may bean employer or worker under the Act.Third party cases are identified by WorkplaceNL.Within three months of the injury, you mustdecide whether you wish to claim compensationfrom WorkplaceNL or sue. We extend the rightto elect compensation to six months in thecase of a death. Benefits will not be paid byWorkplaceNL until the decision is madewhether to claim compensation or sue.If you decide to claim compensation, yourclaim will be adjudicated in the usual mannerand you will receive whatever benefitsare payable under the Act. WorkplaceNLmay sue the third party on your behalf.What if I am cleared to go backto my job, but my employer doesnot take me back to work?Your employer is re

workers' compensation systems is the Meredith Principles. 1. No fault compensation, which means workers are paid bene ts regardless of how the injury occurred. 2. Collective liability, so that the total cost of the compensation system is shared by all employers. 3. Security of payment, with a fund established to guarantee that compensation will be