Getting injured at work is stressful enough, and navigating what comes next can feel overwhelming. If your injury happened between September 1, 2018, and March 31, 2021, specific rules were in place regarding your employer’s responsibility to get you back to work and what you need to do in the process. Let’s break down what all this means for you so you can move forward with confidence.
What the Law Means for You
If you were injured on the job during the specified period, your employer had a legal duty to hold your job for you while you recover. They’re also required to offer you modified work that fits your abilities until you’re ready to return to your original duties. The idea is to make sure you can get back to work safely, with everyone involved doing their part.
Modified Work and Accommodation: This isn’t new. In 2019, the majority of injured workers—94%—went back to their jobs, and 80% did some form of modified work while they healed. The goal is to keep you working in some capacity while you recover.
Your Role in the Process
1. Work Together With Your Employer
One of the most important things you need to do is stay in touch with your employer and the WCB. You’re expected to take an active role in planning your return to work and to help figure out what kind of work you can do as you recover.
Why It Matters: By staying involved, you help ensure that your return to work goes smoothly and that you get the right support and accommodations. If you don’t cooperate without a valid reason—like a family emergency or illness—you could risk having your benefits reduced or even cut off.
2. Your Employer’s Obligation to Bring You Back
If you’ve been with your employer for more than 12 months, they’re generally required to bring you back to your job or a similar one as soon as you’re able to do the essential duties.
How Long This Lasts: Your employer’s responsibility to reinstate you ends if you turn down the job offer. If they let you go within six months of your return, it’s assumed they didn’t meet their obligation unless they can show a valid business reason, like a company-wide layoff or performance issues unrelated to your injury.
3. What If the Job Doesn’t Seem Right?
You might find that the job offered isn’t a good fit, especially if your injury has left you with new limitations. If that’s the case, don’t hesitate to speak up. Talk to your employer and your WCB case manager to address your concerns.
Getting Support: If permanent work restrictions are identified, the WCB can help with skill development or training to find a job that works for you.
4. When Your Employer Can’t Offer Suitable Work
Sometimes, despite everyone’s best efforts, your employer might not be able to provide a job that fits your new capabilities. If that happens, the WCB can step in to help you find a new job that suits your needs.
Exploring Other Options: The goal is always to keep you working, but if that’s not possible with your current employer, the WCB will assist you in finding alternative employment.
5. Getting Paid While You Recover
While you’re recovering, you need to know how you’ll be paid. Usually, the WCB provides wage replacement benefits until you can return to work. In some cases, your employer might keep paying you, and the WCB will reimburse them. If you can only work part-time or need a reduced role, the WCB might also provide a top-up to make up for lost wages.
Financial Support: This ensures you’re not financially stressed while you focus on getting better and returning to work.
6. What About Union Agreements?
If you’re part of a union, your employer first needs to offer you a job within the terms of your collective agreement. If that’s not possible, they must look for other suitable work outside the agreement, with the understanding that the Workers’ Compensation Act takes priority.
Navigating Conflicts: If there’s a conflict between your collective agreement and your return-to-work plan, remember that the law prioritizes your recovery and return to work.
7. What If You Were Injured Outside These Dates?
The specific reinstatement obligations only apply to injuries between September 1, 2018, and March 31, 2021. If your injury happened before or after these dates, different rules apply, but you and your employer still need to cooperate in your recovery and return to work.
Know Your Timeline: Understanding the timing of your injury and how it affects your rights is important for navigating your recovery process.
The Final Word
Recovering from a workplace injury can be a complicated journey, but understanding your obligations and rights can make it easier. The key is to stay informed, communicate openly with your employer and the WCB, and take an active role in your recovery. By doing so, you’ll be better positioned to return to work safely and effectively.
Remember, the WCB and your employer are there to support you, but your involvement is crucial. If you have any questions or concerns, don’t hesitate to reach out to Blue Collar Consulting. We’re here to help you every step of the way
