Statutory Bar Determinations
The Workplace Health, Safety and Compensation Act, 2022 authorizes WorkplaceNL to determine whether legal action in respect of an injury is prohibited by the Act. When a workplace party starts legal action against another workplace party for an injury which arises in the course of the worker’s employment, one of the parties may make an application to WorkplaceNL for a statutory bar determination. Only WorkplaceNL, not the courts, can determine whether the statutory bar applies. When the statutory bar applies, there is no ability to take legal action through the courts.
- Definition of Employer
- Arising Out of and in the Course of Employment
- Injury Occurring Otherwise than in the Conduct of the Operations Usual in or Incidental to the Industry Carried on by the Employer
- Definition of Motor Vehicle/Highway
- Use of a Motor Vehicle
- Definition of Motor Vehicle/Highway
- Arising Out of and in the Course of Employment – Coverage During Travel
- Arising Out of and in the Course of Employment – Injury During Compensable Treatment
- Definition of Motor Vehicle/Highway
- Use of a Motor Vehicle
- Being Transported in the Course of Employment
- Use of a Motor Vehicle
- Intention of Legislature (Mandatory Public Liability Insurance)
- Use of a Motor Vehicle
- Use of a Motor Vehicle
- Arising Out of and in the Course of Employment – Injury During Compensable Treatment
- Arising Out of and in the Course of Employment – Subsequent Injuries/Conditions
- Definition of Dependent
- Arising Out of and in the Course of Employment – Employer’s Premises
- Definition of Dependent
- Use of a Motor Vehicle
- Arising Out of and in the Course of Employment – Employer’s Premises
- Use of a Motor Vehicle
- Intention of Legislature (Mandatory Public Liability Insurance)
- Arising Out of and in the Course of Employment – General Criteria
- Arising Out of and in the Course of Employment – Employer’s Premises
- Arising Out of and in the Course of Employment – Employer’s Premises
- Arising Out of and in the Course of Employment – Injury During Compensable Treatment