Section 51 of the Act provides for compensation for workers of NL employers who are injured outside the province in the course of their employment. Generally, in order for coverage to be extended, the following conditions must be met:
- The employer must be registered with the Commission, have a base of operations in the province, and continue to employ persons in the province while the worker is employed outside the province.
- The worker will have worked for the employer in this province prior to being assigned outside and will continue to work for the employer upon their return to NL.
- The residence and usual place of employment of the worker is NL.
- The worker remains on the payroll of the employer in NL while employed outside and assessments must be paid on those wages.
- The worker and/or his/her dependents are not entitled to compensation under the law of the place where the injury occurs.
- The work outside the province is of a temporary nature.
- The employer must not have a permanent place of business in the other jurisdiction.
Cases outside these guidelines will be considered on an individual basis.
Even though the Commission extends compensation coverage to workers of NL employers working outside this jurisdiction, the “immunity from suit” protection provided by the Act is only valid inside the boundaries of NL. It is important for employers to check with the workers’ compensation authorities (if applicable) in the jurisdiction where the worker is sent to determine if registration is required in that jurisdiction.
Requests for out of province coverage can be faxed to (709) 778-1110 or inquiries can be directed to the Assessment Analyst at (709) 778-1033 or toll free 1-800-563-9000, ext. 1033. The request must include:
- Employer Name
- Employer Firm Number
- Worker(s) name(s)
- Worker(s) address(es)
- The duration of the work outside the province (start and end date)
- The jurisdiction where the work will be performed
- Confirmation that the 7 conditions listed above have been met