Prepared by Tuan Nguyen
As of January 1, 2024, WorkSafeBC’s regulations were enhanced to create a more effective environment for injured or ill workers in the return-to-work process. The key update introduces formal obligations under a duty to cooperate and a duty to maintain employment.
Formalizing the duty to cooperate and the duty to maintain employment grants WorkSafeBC the authority to reduce or suspend benefits for workers, or apply penalties on employers, should either workers or employers fail to meet their respective obligations. WorkSafeBC will be able to assess whether either party has failed to comply.
Maintaining Employment – Obligation of Employers
The legal requirement for maintaining employment mandates that employers with 20 or more employees must maintain the employment of workers who have been employed for at least 12 months prior to their injury. These provisions may apply to claims with injury dates of 6 months before January 1, 2024.
In the return-to-work process, employers must offer suitable work to workers recovering from injury. If a worker is fit to return to their pre-injury work, the employer must offer either the same job or a comparable alternative. If the worker is unable to perform their original duties but is fit to work in another capacity, the employer must make effort to offer the first suitable work that becomes available.
Duty to Cooperate – Obligations of Employers and Workers
To optimize the return-to-work process, WorkSafeBC requires both workers and employers to cooperate. Under the duty to cooperate, employers and workers must maintain open communication and collaborate on creating return-to-work plans with suitable duties. These provisions may apply to claims with injury dates of 2 years before January 1, 2024.
Under the duty to cooperate, employers would regularly monitor the worker’s progress and, with input from the worker, make adjustments to the return-to-work plan as required. Employers are required to document the return-to-work plan and provide a copy to the worker and to WorkSafeBC. In response to the employer’s efforts, workers must be willing to accept suitable work when it has been made available by any employer.
In short, employers and workers must work together, along with WorkSafeBC, to ensure a timely and safe return to work.
Takeaway for Workers
Workers should regularly review their rights in the event of an injury and ensure that their employers remain compliant. Concurrently, Workers must also remain mindful that they too have obligations that must be met or risk having benefits reduced or suspended.
Takeaway for Employers
To ensure legal compliance and a positive work environment, employers should regularly review their policies and seek legal advice.
