Most people hurt at work in New Brunswick cannot sue their employer. The workers’ compensation system replaces the lawsuit with no-fault benefits. There is one large exception: when someone outside your employment caused the workplace injury, you can choose to sue them instead. This page explains how the system works, when the exception applies, and the deadline that decides whether you keep the choice.
New Brunswick Trades the Right to Sue Your Employer for No-Fault Benefits
New Brunswick runs a no-fault model for workplace injury claims. If you are hurt doing your job, you get benefits whether or not anyone was at fault. In exchange, the law gives your employer and your co-workers immunity from suit. That trade is called the “historic compromise.” Workers get medical care and wage replacement quickly, and they give up the right to sue the person who may have been negligent.
The Workplace Health, Safety and Compensation Act governs this. WorkSafeNB administers claims under it. If the Act covers your injury, you are barred from suing your employer for it. Whether the Act covers you is not always obvious. Employment status, the nature of the work and where the injury happened can each be argued, and a lawyer can review whether the immunity provisions actually reach your situation.
The system works for minor injuries. It works badly for severe ones. WorkSafeNB pays medical costs and a percentage of lost wages. It does not pay for pain and suffering or loss of enjoyment of life. For a permanent, life-changing injury, those unpaid heads of damage can be the largest part of the loss, which is why a third-party claim is worth investigating.
When Can You Sue? the Third-Party Exception
You can sue when a third party caused the injury. A third party is a person or company that is not a worker or employer under the Act. A delivery driver hit by a distracted member of the public who was not working at the time has a third party to sue. That driver’s liability insurer, not WorkSafeNB, becomes the source of full compensation.
At that point you make a choice. You can take WorkSafeNB benefits, or you can “elect” to sue the negligent driver. In New Brunswick you must notify WorkSafeNB of the intent to sue within a set time by filing a Notice of Election. Electing to sue means opting out of the standard benefits for that claim.
Common third-party scenarios include:
- Motor vehicle accidents where the at-fault driver is a member of the public.
- Slip and fall incidents on property owned by someone other than your employer.
In a car accident on the clock you may also qualify for Section B accident benefits under the auto policy. A WCB lawyer at Mike Murphy Law Group coordinates the workers’ compensation, Section B and tort claims so that money is not left in one of the silos. We have had files where a worker was told they could not sue, and a clear third-party liability changed the outcome.
A Lawyer Checks Coverage, Finds the Third Party and Files the Election
Workers’ compensation and personal injury law overlap, and the overlap is where mistakes cost money. A lawyer reviews whether the Act applies, identifies any third party, files the Notice of Election on time, and values the lawsuit against the benefits so the election is an informed one. WorkSafeNB is an administrative body with its own forms and deadlines. The insurer on the other side of a lawsuit is a company with adjusters. A lawyer deals with both while you deal with treatment.
Workplace Injury FAQs
Can I Sue My Employer After a Workplace Injury in New Brunswick?
Generally, no. If the Workplace Health, Safety and Compensation Act covers the injury, your employer and co-workers have immunity from suit. You claim no-fault benefits through WorkSafeNB instead, which pay medical care and wage replacement regardless of fault. That is the “historic compromise”: guaranteed benefits for every covered workplace injury in exchange for the right to sue the employer.
When Can I Sue a Third Party for a Workplace Injury?
If someone outside your employment caused the injury, such as a negligent driver or a contractor from another company, you may sue that third party. You file a Notice of Election recording whether you take WorkSafeNB benefits or pursue the lawsuit.
What If I Was Hurt in a Car Accident While Working?
Collisions during work duties are the most common third-party workplace injury claims. The at-fault driver is not your employer, so the immunity rules usually do not protect them, and a lawsuit can recover damages WorkSafeNB does not pay.
How Quickly Should I Act After a Workplace Injury?
Both the WorkSafeNB claim and the Notice of Election have strict timelines. Acting early preserves evidence and keeps the choice open, so speak to a lawyer as soon as you can after the injury.
Does a Workplace Injury Claim Cover My Future Losses?
A third-party lawsuit can include damages beyond standard benefits: pain and suffering, future income loss and long-term care costs. Comparing what the lawsuit could recover against your WorkSafeNB entitlement is the work a lawyer does before you elect.
Do I Pay Anything Upfront for a Workplace Injury Lawyer?
No. Mike Murphy Law Group takes workplace injury cases on contingency, no win, no fee. The first consultation is free and fees are payable only if the claim succeeds.
A Car Accident at Work Usually Allows a Lawsuit Against the Other Driver
Car accidents at work follow a different rule. Even where the other driver was also in the course of employment for a different employer, New Brunswick law often allows a lawsuit. This is an exception to the general bar on covered workers suing each other. Because auto insurance is mandatory in the province, the law lets an injured person pursue damages through the automobile insurance system.
If you were driving a company truck, riding a motorcycle for deliveries, or were a pedestrian struck while working beside a road, the claim is against the other driver’s liability policy. A WCB lawyer obtains the police report, witness statements and the vehicles’ black box data to prove the other driver’s negligence. For a permanent impairment that ends a career, that policy is often the only source of full compensation.
Winning the lawsuit does not end the matter with WorkSafeNB. The board has a right of subrogation: if it paid you benefits and you later recover from a third party, it can claim repayment out of the settlement. The firm negotiates those liens so that as much of the settlement as possible stays with you.
WorkSafeNB Deadlines Are Shorter Than the Two-Year Limitation Period
The Limitation of Actions Act gives you two years to file a lawsuit in New Brunswick, counted from the day the injury was known or ought to have been known. WorkSafeNB’s deadlines are much shorter. You typically have months, not years, to file the initial claim or the Notice of Election, and missing those windows can end the right to sue. A lawyer files the paperwork on time while you focus on treatment.
Delay also loses evidence. Job-site surveillance footage is overwritten and witnesses forget. Retaining a lawyer early means litigation hold letters go out immediately to preserve it. That matters most in bicycle accidents and equipment failures, where the physical evidence proves fault.
If the injury has left you with a long-term disability, the two-year limitation is a hard deadline.
The Firm Coordinates the WorkSafeNB, Section B and Tort Claims
Michael B. Murphy, KC, a former Attorney General and Minister of Justice of New Brunswick, leads the firm, which has over 40 years of experience and over 100 reported decisions. The Moncton office and the firm’s other locations take workplace injury files across the province.
Personal injury claims are handled on contingency: no win, no fee. There are no hourly rates and no upfront costs while you are already dealing with medical bills and lost income.
The firm looks at the whole file. Is there a WorkSafeNB claim, a Section B claim and a tort claim? Is there an insurance dispute on top? The firm handles a wide range of injury and insurance matters, and that range is useful when several policies overlap on one injury.
A Workplace Injury Claim Must Cover the Years After the First One
A workplace injury is rarely just the initial pain. It is the surgery that costs you a family event, the months you cannot lift your children, and the question of how the mortgage gets paid. The firm consults medical professionals, occupational therapists and vocational experts to build a claim that reflects the lifelong effect of the injury, not just the first year.
FAQ
What Is the Difference Between WCB Benefits and a Personal Injury Lawsuit?
WCB benefits are no-fault. They pay a percentage of lost wages and medical expenses but nothing for pain and suffering. A personal injury lawsuit requires proof that someone else was negligent, and in return allows much broader recovery: general damages for loss of quality of life and full special damages for every financial loss. A lawyer can tell you which path pays more in your case.
The Firm Reviews Workplace Injury Files Without Charge
If you have been hurt on the job, do not wait. The firm reviews the file, identifies any third party, and protects the election deadline. We act for clients in New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador on a no win, no fee basis.