Knowledge Base

What if an early return to work, even with accommodations based on physician’s report before a full diagnosis, further aggravates a worker’s injury?

Ale (KSW Lawyers): WorkSafeBC can adjudicate whether the worker is expected to remain in the accommodated role and whether they are entitled to wage loss benefits in these cases. Since the Duty to Maintain Employment poses a positive duty on the employer to find alternate work, exploring alternate accommodation/position may be required if the current position is not working out.

Teresa (WorkSafeBC): A return to suitable work does not require medical clearance from the worker’s treating clinician or any other health care provider. In many instances, the worker can confirm their functional abilities directly with the employer and they can collaborate on developing a suitable RTW plan. If there are any concerns about the worker’s ability to perform the work safely, the physician or other health care provider can be helpful in identifying the worker’s abilities and any restrictions