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FAQs

What should I do if I am involved in a motor vehicle accident?

Immediately after the accident, check to see if you are injured. If you or others are injured, call 911. If you are able to, move to a safe location and put the hazards on your vehicle for visibility.

In the event you did not need to go to the hospital for medical attention, you should obtain as much information from the other driver as possible, including their insurance information, driver’s licence and plate numbers, name and contact information of the other driver and any witnesses, take pictures of the vehicles and any damage, and the location of the accident.

It is important to notify your insurance company that you have been in an accident. If you believe you need legal assistance, please contact us.

I was injured at work. What are my rights?

If you are injured at work and your employer was insured under WorkSafe NB, then you may be entitled to Workers Compensation benefits. If you are injured at work, immediately get medical help or First Aid treatment that you need. Ensure that your employer knows that you were injured at work. If you have not already seen a doctor, make an appointment with your family doctor and let them know that you were hurt at work.

The New Brunswick Workers’ Compensation system, administered through WorkSafe NB, is a no-fault insurance system designed to protect injured employees. Employees are entitled to benefits under the WorkSafe program but cannot sue their employer.

There are situations when an injured employee can sue another person even if they are injured in a workplace accident. It is important to discuss your situation with a lawyer before you begin receiving WorkSafe NB benefits to determine whether you should take those benefits or start a lawsuit.

How do I claim Workers Compensation Benefits?

To claim Workers Compensation benefits through WorkSafe NB, you must inform your employer that you were injured at work and see a doctor to tell them that you were injured at work. A Form 67 “Report of an Accident of Occupational Disease” should be filled out with your employer, either electronically or on paper, even if you and your employer disagree about any aspect of the claim. If your employer provides you with any forms for your doctor to fill out, then ask your doctor to do so and return them to WorkSafe NB.

There are situations where an injured employee can choose not to take Workers’ Compensation benefits and instead start a lawsuit. You should contact a lawyer to discuss your situation if you have any questions about your claim.

I was just fired. Do I have any rights?

If you have been recently fired, you should know whether the termination of employment was done with or without cause. Employers must abide by terms set out in the Employment Standards Act of New Brunswick. You should contact a lawyer if you feel that you were unjustly terminated from your employment. In some cases, you may file a human rights complaint if you believe your employment was terminated as a result of discrimination. There are many issues that can arise upon termination of employment. Give us a call to see how we can help.

What role do medical and vocational experts play in my insurance case?

In a personal injury lawsuit, such as a motor vehicle accident or a slip and fall, medical experts can be necessary to provide that an accident caused the injuries or symptoms that you are experiencing. Although sometimes it is clear in such a case that the injuries were caused by the accident, there are many cases where such a clear connection does not exist. In those cases, it is important to have an opinion from a medical expert that the injuries were caused by the accident to help a judge or jury decide that your injuries are the result of the accident. In a medical malpractice lawsuit, medical experts are necessary to prove that the medical professional that cause your injury did not do her or his job up to the standard expected of that professional.

A vocational expert is able to determine if an individual has the skills and training needed to perform certain jobs. This can be important if you are disabled from working at your job because you are no longer able to perform the essential duties of your job after the accident. In such a case a vocational expert will evaluate your skills, training, and abilities to determine what jobs you may be able to do. In this way, the vocational expert is able to help establish how much income you have lost and will lose due to the accident.

What is professional negligence?

Professional negligence occurs when a professional person causes injury r loss by not performing their services with the same measure of skill displayed by a reasonably competent member of that profession. It is a standard that varies by profession, each one having its own individual standard. While different levels of skill are expected from members of different professions, a standard of perfection is not expected from professionals but only that they apply a degree of care which a normally skilled member of their profession can reasonably be expected to exercise.

If you have received services from a professional such as a doctor, dentists, pharmacist, accountant, engineer or others which has caused you injury or loss, that professional may be negligent. You should consult a lawyer for an opinion regarding your potential case.

What are Long Term Benefits (“LTD”)?

Long Term Disability (“LTD”) insurance pays you an amount of your lost wages should you become unable to work due to a disability. It is governed by your provincial laws which may include the statute of limitations, the Insurance act and the Rules of Court.

Not everyone has LTD coverage. Because of that, there is no minimum amount of set coverage. Each LTD policy is different depending on the situation at hand. Don’t hesitate to give us a call if you feel you have been denied proper LTD benefits. We are here to help!

What is a mechanic’s lien?

A mechanic’s lien is the right of an unpaid subcontractor or supplier to put a “charge” on your property to ensure that they get paid. In a typical house construction or renovation situation, the homeowner will pay the general contractor the money required under the construction contract. That money is how the general contractor will pay all the subcontractors and suppliers. If those subcontractors or suppliers do not get paid, they are entitled to seek payment from the homeowner. To do so, they can register legal documents against the property, whether the construction or renovation is finished or not, to ensure that they get paid. While the lien is in place, it restricts the ability of the homeowner to sell the property or a bank to register a mortgage.

If you are a homeowner, you should seek the advice of a lawyer on how to protect yourself against a mechanic’s lien being filed against your home before you start your construction or renovation project. If you are a sub-contractor or supplier, you should seek the advice of a lawyer as soon as there are any issues with payment as there are very tight timelines for registration of mechanic’s liens.