'We're making sure that workers are properly supported when they need it the most'
Injured employees in British Columbia will soon receive further protections in returning to work as amendments to the province's Workers Compensation Act take effect next year.
The changes introduce the duty to cooperate and duty to maintain employment starting January 1, laying out legal return-to-work responsibilities for both employers and injured employees.
"Once fully implemented, the obligations will be integrated in our tools and forms for employers and workers and other disability management resources to support timely and safe return-to-work outcomes," WorkSafeBC said in a media release.
In introducing the changes, BC Labour Minister Harry Bains said injured individuals need to know that there is a compensation system that meets their needs.
"With these changes, we're making sure that workers are properly supported when they need it most," he said in a previous statement.
Duty to cooperate
In the duty to cooperate, the amendment mandates both employers and employees to work with each other and with WorkSafeBC to allow the injured employee's safe return to the workplace.
This means all parties must maintain "open lines of communication" on the status of the injury and establish appropriate and modified duties when it's safe for the employee to return.
This duty will apply on claims with injury dates on or after January 1, 2022.
Chris Girling, senior manager in Return-to-Work Services at WorkSafeBC, said the goal of the new obligation is to ensure that both employers and employees proactively collaborate to get the injured employee back to work.
"They both have a role to play in return to work. Better outcomes are inevitable when both the worker and employer build trust and are engaged in the process," Girling said in a statement.
Duty to maintain employment
The second obligation of maintaining employment applies primarily to employers with 20 or more workers, according to WorkSafeBC.
These employers have the obligation to maintain the employment of the injured employee when the said worker has been employed with them for at least 12 months.
Depending on the situation, employers are mandated to take any of the following measures:
- Offer pre-injury work or a comparable alternative
- Offer the first suitable work that becomes available if the employee cannot perform pre-injury job
"Employers must also make any changes necessary to the work or workplace to accommodate an injured worker, unless the changes create an undue hardship for the business," WorkSafeBC said.
This duty will apply on claims with injury dates that took place on or after July 1, 2023.
"Many employers already appreciate the value of return to work and are committed to supporting their workers in the event of an injury. By the same token, workers are typically eager to return to their workplace and regular routines after they've been injured," Girling said.
"The most effective and durable return-to-work plans are developed when the worker and employer are cooperating and working towards the same goal. The new obligations ensure they are both engaged in the return-to-work planning process."
