- 1 New Brunswick Victim Services – Compensation for Victims of Crime Program
- 2 New Brunswick Victim Services – Trauma Counselling
- 3 New Brunswick Social Assistance Program
- 4 Work Safe New Brunswick
- 5 Facility Association
There are many ways that victims of crime can seek financial assistance in New Brunswick. The province has specific programs for victims of crime such as the Compensation for Victims of Crime Program and the Trauma Counselling Program, as well as other programs available to the general population that victims may access if they are in financial need. All of these programs are listed and discussed below. If you have specific questions about any of these programs, you can find contact information for each below as well.
New Brunswick Victim Services – Compensation for Victims of Crime Program
The Compensation for Victims of Crime Program provides financial benefits to eligible victims of violent crimes in New Brunswick. The program is designed to assist victims with expenses incurred as a direct result of the crime which are not already covered in any other way.
To receive compensation in New Brunswick, the following criteria must be met:
- The application for financial compensation was made by a victim of a violent crime, a parent or guardian acting on behalf of a child less than 19 years of age who was a victim of crime, or the next of kin or caregiver of a deceased victim of a crime.
- The offense was reported to the police and the victim must have cooperated during the investigation and prosecution.
- Applications must also be received within one year of the commission of the offense unless a sexual offense, in which case the victim has one year from the date they disclose the crime to police. Victims who were previously unaware of the program and now fall outside of the eligibility window of one year may apply to the Minister for an extension. Please see the appeal section below for more information.
- All other avenues of funding have been exhausted.
This program will not compensate victims if the crime was committed by a child who is under 12 years old. This is because under the law, children under 12 cannot be held responsible for their criminal actions. As a result, the program has taken the position that because no crime was technically committed, there is also no victim that can be compensated.
It is also important to understand that the term injury in this case means actual bodily harm, mental or nervous shock, and for sexual offenses, bodily contact. Victims of property crimes and driving offenses are not eligible for benefits. Further, expenses that are not eligible for coverage include: stolen items and/or money, property damage, lost wages, and damaged clothing. Benefits which are payable through other insurance plans or programs are also not eligible, i.e. dental expenses that would be paid for through an employer’s health benefits.
Types of Benefits Available
Eligible victims may receive compensation under specific categories; the maximum amount of financial assistance available in each category is also indicated. Regardless of how many categories victims apply for compensation in, the overall maximum amount of compensation available is $10,000.
These eligible expense categories include:
- Funeral Expenses ($8,000)
- Dental Expenses ($1,000)
- Counselling Expenses ($2,000)
- Pain and Suffering ($1,000)
- Medical Expenses ($800)
- Physiotherapy Expenses ($600)
- Medication Expenses ($300)
- Eye Wear Expenses ($300)
- Child Care Expenses ($200)
- Relocation Expenses ($800)
- Transportation Expenses ($300)
- Miscellaneous Expenses ($300)
The maximum amount that can be awarded for pain and suffering is $1,000. When determining the amount awarded for pain and suffering some of the things that are taken into consideration are the seriousness of the crime, if there was sexual abuse that occurred many times over an extended period of time, if the accused offender was in a position of trust or authority, and, among other things, if a long term period of hospitalization was required.
It is important to note that any amounts received by the victim through civil action from the offender, through insurance as a result of the death or injury, or from a public assistance program shall be deducted from your compensation award.
Victims interested in applying to the program must contact a victim services regional office in your area. They will assist you in determining if you are eligible and, if so, throughout the application process. The contact numbers for each regional office is located below.
Once an application for compensation has been received, all relevant information relating to the application is gathered and reviewed in order to evaluate the claim. The victim’s injuries must be supported by documentation from medical reports, counsellors, police, and court records. Victims seeking to be reimbursed for expenses already incurred must also provide original receipts. Whenever possible the program will deal directly with the service provider so that victims don’t have to first pay out of pocket for those expenses.
Applicants may receive interim benefits as soon as the police have laid the charge and the Crown has approved it. Pain and suffering benefits is the only category that must wait until the criminal prosecution has concluded.
Victim Services Regional Offices:
Bathurst: 506-547-2924 – Burton: 506-357-4035 – Cambellton: 506-789-2388 – Edmundston: 506-735-2543 – Elsipogtog: 506-523-4747 – Fredericton: 506-453-2768 – Grand Falls: 506-473-7706 – Miramichi: 506-627-4065 – Moncton: 506-856-2875 – Richibucto: 506-523-7150 – Saint John: 506-658-3742 – Shediac: 506-533-9100 – St. Stephen: 506-466-7414 – Tracadie-Sheila: 506-394-3690 – Woodstock: 506-325-4422.
Visit the Website for locations and email information for each regional office.
Appealing a Decision
Applicants who are unhappy with the decision of their application for compensation may appeal in writing to their local victim services office. Appeals may be made on the basis of either the eligibility of the applicant for compensation or the amount of compensation received. Appellants will be notified in writing of the decision by the Minister.
New Brunswick Victim Services – Trauma Counselling
To be eligible for trauma counselling, victims must have reported the incident to the police and be required to testify in the criminal trial. Trauma counselling is available to assist victims in dealing with their counselling related needs arising from the criminal offense as well as the trauma from disclosing the offense to police and the impediment that has on testifying in court.
Victims are only eligible for trauma counselling until the criminal trial begins. Trauma counselling will be immediately terminated once the criminal trial begins. As the counselling occurs before the trial, it is important to understand that the therapists involved in the trauma counselling are not able to discuss the facts of the offense as it could be misconstrued as coaching the witness by the courts.
Victims receiving trauma counselling may apply for addition short term counselling through the Crime Victims Compensation Program.
Type of Assistance Available
Qualifying victims may be eligible to receive up to $2,000 in immediate trauma counselling payable directly to the therapist by victim services.
Victims who have been approved for immediate trauma counselling will be provided with a list of approved counsellors in their area and make the appropriate referral. Victim Services will pay the counsellor directly.
Application and Contact Information
Victims seeking immediate trauma counselling need to meet with victim services staff and discuss their situation. There is no written application. New Brunswick Victim Services can be contacted at the numbers listed previously in the “Compensation for Victims of Crime” section.
The Social Assistance Program gives financial assistance to individuals who have no other income to meet their basic needs (food/clothing/shelter). This program is a last resort and all other income must be considered when determining how much money will be provided.
The amount of assistance provided is determined based on household needs. Income for every member of the household is taken into consideration before a decision is made. If the total household income is less than the rate which applies to the household then the household qualifies for social assistance.
Awards and Benefits
Rates depend on the number of people per household and whether or not they are able to work. A household that qualifies for social assistance may also be able to receive other benefits. All individuals who are getting social assistance are given a health card to help cover medical costs including prescriptions, dental and vision care, and other medical needs. Some clients may also be eligible for assistance with winter fuel payments, and some disabled clients may receive a disability supplement of $100 per month. More Information on these benefits can be found online.
Application and Contact Information
To apply for income assistance, you should e-mail firstname.lastname@example.org or call 506-453-2001 the Social Development Department of Nova Scotia. They will provide you with all the necessary forms and information you need, and can assist you throughout the application process.
A list of Regional Offices contacts is available online.
Work Safe New Brunswick
WorkSafe New Brunswick provides compensation for victims injured or killed at work.
To be eligible for compensation, an injury you suffered at work must have been:
- A willful and intentional act, not being the act of the worker who suffers the accident
- A chance event or incident occasioned by a physical or natural cause
- A disablement caused by an occupational disease (any chronic disease that resulted from the work or occupational activity)
- A disablement or disabling condition caused by employment
In most cases, this would also include any injury or death a worker suffers because of a criminal act perpetrated while at their place of employment. It is important to note that an accident/injury does not include mental stress, unless it resulted from an acute reaction to a traumatic event.
Workers excluded from workers’ compensation coverage are family members of the employer who reside with the employer and are under 16 years of age, persons employed as domestic servants, armed forces personnel, professional athletes and members of the RCMP.
Types of Benefits
Listed here are the many different types of benefits that workers or their families (if applicable) may receive. For more detailed information about these benefits, please refer to the Workers’ Compensation: A Guide for New Brunswick Workers booklet online, or speak to a WCB representative about your specific case.
- Payment for Time Lost from Work (Loss of Earnings benefits): Generally speaking, your Loss of Earnings benefits will amount to 85% of your average net earnings after income tax, Canada Pension Plan contributions and employment insurance premiums have been deducted.
- Medical Treatment and Health Care Expenses: WorkSafeNB pays all reasonable expenses for required medical treatment arising from your workrelated injury, for the rest of your life as long as they are necessary. WorkSafeNB may also reimburse you for the cost of prescription medication, assistive devices, and other items.
- Transportation Allowances: WorkSafeNB makes payments to help cover your claim-related travel expenses, including travel to and from medical appointments, Appeals Tribunal hearings, and training sessions. These payments can include, but are not limited to, transportation, accommodation, meals and associated child/dependent care expenses
- Personal Care Allowances: WorkSafeNB provides monthly Personal Care Allowances if you require, as a result of your work-related injury or occupational disease, ongoing assistance with personal care and the activities of daily living.
- Permanent Physical Impairment award: If you suffer a permanent physical impairment you may be entitled to a lump sum award in recognition of your loss of opportunity. This amount is determined based on the type and impact of the impairment.
- Long-Term Disability benefits: Workers who suffer a permanent loss of earnings may be entitled to long-term disability benefits. These benefits are designed to compensate you for any discrepancy between the earnings you were capable of receiving pre-accident, and the earnings you are capable of receiving post-accident.
- Benefits to Dependants of Fatally Injured Workers: Surviving spouses or common-law conjugal partners will receive a monthly benefit equal to 80% of the deceased worker’s average net earnings for the first 12 months following the worker’s death. After that period, the spouse will select one of two benefit plans designed by WorkSafeNB that will provide monthly benefits that include pension and dependent child amounts (either a lump sum payment of 60%of the net annual income of the deceased worker, plus monthly beneﬁts based on 60% of the deceased worker’s average net earnings, plus beneﬁts for each dependent child OR a monthly beneﬁt based on 85% of the deceased worker’s average net earnings, payable to age 65; an amount equal to 5%of the beneﬁts will be set aside for the surviving spouse to provide a pension beginning at age 65).
- Assistance towards Funeral Expenses: For burial expenses, WorkSafeNB will pay up to $7,750 or 90% of the New Brunswick Industrial Aggregate Earnings (NBIAE) in assistance for funeral expenses.
Application and Contact Information
To make a claim for compensation, a Form 67 (Report of Accident or Occupational Disease) must be completed by either the worker or the employer (preferably both). Once you have completed your Form 67, you should fax it within three days of the date of the accident to 1-888-629-4722.
More Information on the claims process can be found online and if you need further assistance, the WCB can be reached toll free at 1-800-222-9775.
Contact Information for local WCB offices can also be found online.
Appealing a Decision
If you are not satisfied with a decision made by the WCB, you have the option to appeal that decision. It is important to note that an appeal must be made within one year of the original decision date. You must provide to the Appeals Tribunal, a letter that includes your name, address and claim or employer number; the date of the decision being appealed; the issue being appealed; reasons why you feel the decision should be appealed; and your preferred official language. This letter should be sent or faxed to:
Portland Street PO Box 160
Saint John, NB
More Information on the appeal process can be found online. If would like assistance with your appeal, you should talk to the original WCB representative who made the decision in your case or contact the Appeals Tribunal directly at: 1-800-222-9775 or 506-632-2200.
In all of the Atlantic province’s, drivers who are injured or killed in accidents with uninsured or unknown (as in the case of hit and run accidents) drivers can turn to the Facility Association for assistance in getting the costs incurred as a result of the accident covered. The type of assistance drivers are eligible for will depend greatly on the area they live in, whether they have their own personal auto insurance, and the type of coverage included in their insurance plan. The money used to cover these costs comes from the Uninsured Automobile Funds for each of the Atlantic Provinces
If you are in an accident with an uninsured or unknown driver, you should contact the Facility Association at 1-800-268-9572. For more information on how to take advantage of the services they offer. The Legislation that the Facility Association must follow when assisting New Brunswick drivers who access their services can be found online.
*See “A Victim’s Guide to Financial Assistance Available to Canadians” for additional information on Federal Programs and restitution.
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