WorkplaceNL Statutory Bar Determinations are now published on Workplacenl.ca
The Workplace Health, Safety and Compensation Act 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.
To assist the legal community in advising their clients on whether to take civil action for damages for a workplace accident, WorkplaceNL has published its statutory bar determination decisions to its website at https://workplacenl.ca/resources/publications/statutory-bar-determinations.