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How to submit an appeal

If eligible, you can appeal decisions of WorkSafeNB within one year of the decision, order, or ruling (extended in special circumstances.) Any decision by the Chief Compliance Officer under the Occupational Health and Safety Act must be appealed within seven days.

Navigating the appeal process can be complex, so WCAT strongly recommends that you appeal with the help of a Workers’ or Employers’ Advocate, or a lawyer. Advocates are available free of charge to assist you with every step of the appeal process, from filing to hearing. To find an advocate, please call 1-844-530-0282. If you choose to hire a lawyer, any related fees are your responsibility.

NOTE: If you appeal with the help of an advocate or lawyer, do NOT file a notice of appeal on your own. Your representative will file it on your behalf.

If you choose to appeal without assistance, be prepared to discuss the sections of legislation and policies relevant to the issue.

 

Eligibility 

Before filing an appeal, make sure you’ve provided all relevant information to the person who signed the letter informing you of the original decision. There are three groups of people who may qualify for an appeal.

  • An injured worker, a dependent or surviving spouse of the worker, or an employer may appeal a decision, order, or ruling of WorkSafeNB.

  • A firefighter, former firefighter, dependent, surviving spouse, municipality or rural community may appeal any decision, order, or ruling under the Firefighters' Compensation Act

  • A person affected by an order of an officer of the Commission that has been confirmed, varied, or revoked by the Chief Compliance Officer may appeal under the Occupational Health and Safety Act.

 

Filing your Notice of Appeal online

If you’re choosing to file a Notice of Appeal without the help of a representative, you may complete our online Notice of Appeal form. The specific requirements for the appeal are outlined on the form.

File a notice of appeal online

 

Filing your Notice of Appeal offline

To file an appeal on paper rather than online, print and complete the Notice of Appeal form and mail it to WCAT. You may also contact WCAT and we will mail the document to you. The specific requirements for the appeal are outlined on the form.

Download printable Notice of Appeal form

PO Box 5001
3700 Westfield Road
Saint John, NB
E2L 4Y9

 

After your appeal is submitted

After filing an appeal, it can take several months before a hearing is scheduled. The timeframe depends on the complexity of the case and the availability of the parties and hearing chairperson. 

Upon receipt of your Notice of Appeal, WCAT will:

  • Assess your form and acknowledge its receipt.

  • Forward it to WorkSafeNB, the Office of the Workers’ Advocate, and the Office of the Employers’ Advocate. The appeal is then added to WCAT’s list.

  • The decision(s) being appealed will be confirmed in writing to the parties involved. The appeal is then referred to the scheduling list.

  • Once a hearing is scheduled, WCAT will issue a Notice of Hearing to all parties, outlining the date, time and location of the hearing, and whether it’s oral or by written submission.

  • WCAT will prepare and distribute an Appeal Record—the document used during the hearing that includes relevant documents of the file, policies, as well as appropriate sections of the legislation. 

 

If you require a copy of the file before the Appeal Record is distributed, you must contact WorkSafeNB. For further information on the appeal process, please see WCAT Guidelines

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