Knowledge Base

If the employer was cooperating and reaching out continuously but the worker is not cooperating and just stops responding altogether, how does Bill 41 apply if the worker has only been employed for 5 months? And of those 5 months, 3 months have been with continuous employment and 2 months on leave?

January 24, 2024

Ale (KSW Lawyer): The Duty to Cooperate is reciprocal. Employees also have a duty to communicate with the employer and WorkSafeBC. Failure to do so puts them at risk of losing claim benefits.

The Duty to Cooperate is applicable to cases where a worker is disabled from earning full wages, even if they were employed for only five months prior to the injury. The Duty to Cooperate continues throughout the claim, or as long as the employment relationship exists.

Meanwhile, the Duty to Maintain Employment does not apply, since 12 months of continuous full or part-time employment is required to trigger these obligations.

Knowledge Base

If the employer was cooperating and reaching out continuously but the worker is not cooperating and just stops responding altogether, how does Bill 41 apply if the worker has only been employed for 5 months? And of those 5 months, 3 months have been with continuous employment and 2 months on leave?

New Return to Work Legislation: What we need to know