Work-related injuries happen all the time. But many people think it will never happen to them and, thus, aren’t familiar with the reporting process. If that is the case, this article is for you. After reading this article, you will know the ins and outs of reporting a workplace injury in Nova Scotia. And with this knowledge, you can ensure your rights are not compromised in the future.
If you work in Nova Scotia, you will usually be covered under the provincial Workers’ Compensation program. The Workers Compensation Board of Nova Scotia runs the program. It is a type of disability compensation insurance for people who suffer workplace injuries in Nova Scotia.
Here is what you have to know if you are reporting a workplace injury in Nova Scotia.
This article is part of our Ultimate Guide to Workers’ Compensation Canada.
There is a time limit
If you suffered an injury at work, it is imperative that you report the injury as soon as possible. Delay in reporting your workplace injury might eventually defeat the purpose of having a safety net in the event of a debilitating work injury.
We recommend that someone injured at work immediately notify their employer. Tell your employer even though you might not think of the injury as serious enough to warrant telling them.
The Workers Compensation Board requires employers to report within 5 days of the injury. It is critical that you notify the employer and that you and your employer notify the Workers Compensation Board.
What qualifies as a workplace injury in Nova Scotia?
There are three factors you can apply to determine whether your injury or illness qualifies for workers’ compensation benefits in Nova Scotia.
1. It has to be an injury that requires some sort of medical attention
In order to qualify for workers’ compensation, your injury has to require some level of medical attention. So, it can’t just be a paper cut. Medical attention has a broad meaning. However, it could mean going to the doctor, receiving first aid at the workplace, or some other kind of medical care. So, if you have received some level of medical attention, then you would meet this first requirement.
2. The injury or illness needs to be tied to your work
The second requirement is your injury or illness needs to be work-related. So, it needs to happen in the course of your work or on your employer’s property. So, even if you are working remotely or at an off-site location, you would still qualify if the injury was tied to your work.
3. You do NOT need to miss time from work to qualify for a workplace injury
This last one is less of a requirement and more of a non-requirement. The reason missing time from work is not a requirement is that the lost time from work has nothing to do with some of the other benefits you may be entitled to. For example, there are medical benefits you can get that don’t require you to miss any time from work.
We always recommend reporting the injury even if you don’t miss any work from it. We say this because, first, you may be eligible for medical benefits. And two, your injury will be on the record in case things get worse over time.
4. New coverage as of September 1, 2024: Gradual onset stress
Workers’ compensation in Nova Scotia traditionally covered physical injuries and acute psychological stress resulting from a specific traumatic event at work. This left out workers dealing with prolonged stress caused by ongoing work conditions.
However, on September 1, 2024, a significant change in workers’ compensation coverage expanded what qualifies as a workplace injury. Now, Nova Scotia includes gradual onset stress as a recognized injury. This is stress that develops over time due to ongoing, work-related stressors, such as prolonged exposure to high-pressure environments or negative experiences at work.
Eligibility criteria:
To qualify under the new rules, the stress must:
- Arise out of and in the course of employment.
- Be wholly or predominantly caused by one or more significant work-related stressors or a series of significant work-related stressors.
What’s not covered
While the new regulations broaden the scope, there are still exclusions:
- Workplace Interpersonal Conflicts: Stress resulting from interpersonal conflicts is not covered unless it constitutes workplace harassment or bullying.
- Labour Relations Decisions: Stress related to changes in working conditions, disciplinary actions, or termination of employment is excluded from coverage
Reporting and claims
For workers experiencing stress that meets the new criteria, it is essential to:
- Seek Professional Assessment: Obtain an evaluation from a registered psychologist or psychiatrist to document the condition and its link to workplace stressors. The WCB will cover this assessment if your claim is valid.
- File a Claim: Submit your claim through MyAccount or by phone. The WCB will guide you through the process, including support for treatment and safe return-to-work plans.
By expanding the definition of workplace injuries, this new regulation acknowledges the reality of prolonged psychological stress in today’s work environments, offering more comprehensive support to affected workers.
Report your workplace injury to avoid trouble in the future
It is common for people who have had an injury at work to downplay the extent of their injury. Often, they are embarrassed about it. Or think that reporting an injury would have a negative impact on their employment. Or, they simply do not want to go through the hassle of filing paperwork and reporting their injury.
This might seem like the easy way out at that point in time. But, this delay may have negative consequences — especially if the injury got worse down the road and was not reported in the first instance. You will have a hard time explaining, connecting, and proving that the medical issues you face now are a result of an unreported injury that occurred months back.
Connecting the dots and linking current medical conditions to a previous injury is key to successfully obtaining workers’ compensation. However, delay or failure to report a workplace injury will leave an impression that you are simply making up a story to get benefits. If this is the case, your claim is more likely to get denied.
Therefore, it is essential that no matter how minor the injury may appear in the first place, you report it to your employer and then to the WCB of Nova Scotia.
What if your employer doesn’t want you to report?
There will be some employers and unions who do not want people to report their injuries and would deploy different techniques to achieve their objectives. Employers and unions might overtly tell someone not to report their injury to avoid any untoward and unintended consequences.
In most cases, however, they will subtly divert people. They will do this by recommending that you apply for Employment Insurance or Short Term Disability rather than reporting your injury to WCB.
This could be a fatal mistake.
So, let’s say you report your injury to your employer, and they are dragging their feet and not wanting to do it. You are beginning to worry that this is not being handled properly and your rights are not being looked after by your employer and/or your union.
What can you do?
We would suggest you reach out to a disability law firm like ours that can help you to get that report put in. Alternatively, you can go to your doctor and report your injury to your doctor.
Even if you decide not to engage a law firm, it is important for you to get your injury on the record with your doctor and note it as a workplace injury. Doctors have a form that they can submit to the Workers Compensation Board of Nova Scotia to report a workplace injury suffered by their patients.
Once your doctor has submitted the form to the Workers Compensation Board, a process will be triggered. The WCB will reach out to you and your employer to ask for the injury report. This is an alternative way to get the Workers Compensation Board actively involved if you are having difficulty with your employer or union in reporting the injury in the first place.
Why you have to report your workplace injury
The law requires that an injured worker reports their workplace injury to the Workers Compensation Board within a given timeframe. If someone does not report the injury and later deals with an insurance-based disability claim, there can be problems. If the insurance provider finds out that the injury was caused at the workplace and they can show that it should have been reported to WCB, they are entitled to not pay you anything. To make matters worse, if they discover the fact of the workplace injury years down the road, they will want you to refund them for their payments.
There is no reason for you not to report your workplace injury. It is in your best interest and also in your employer’s best interest to have a healthy workforce which is cared for if they are injured during work.
However, some employers and unions might have a financial incentive not to report workplace injuries to keep their premiums and rates at a minimum. This financial incentive not to report workplace injuries goes against the worker’s well-being and rights.
Sometimes unions will try to prevent people from reporting injuries by alluding to how tedious the workers’ compensation process is. They might say that you would be better off getting EI. There is some truth to this, but it’s not entirely accurate. Workers’ Compensation is not always a nightmare, and you are much better off to have reported this injury to them.
How to report a workplace injury in Nova Scotia
First, you have to notify your employer immediately. You now have 5 days for you and your employer to fill out the WCB injury report form. You can send that in by fax or mail. Some employers have the option to submit it online as well through their MyAccount. If available, this should be the preferred method.
Nova Scotia WCB Injury Report form — Click here to access the pdf.
Fax it to:
902-491-8001
Mail it to:
Either the Halifax or Sydney office.
5668 South Street, PO Box 1150
Halifax, Nova Scotia B3J 2Y2
404 Charlotte Street, Suite 200
Sydney, Nova Scotia B1P 1E2
Next steps
If you are in one of these difficult situations, we would suggest reaching out to us for a case evaluation. If you qualify, we will look at your situation and give you pointers on what to do. In some cases, we could actually represent you and file the report for you. In other situations, we may be able to direct you on what to do, and you can get everything done yourself while protecting your rights.
Just remember that it is vital that you report your workplace injury. Too many workplace injuries go unreported — and the person who ends up losing in that situation is you.
Download our free book
Want to learn more about winning workers’ compensation benefits? If you answered YES, download a FREE PDF copy of our book. In addition to that, this book will also teach you how to avoid the 7 mistakes that will ruin your workers compensation case.
