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12
Months
of Safety
of Safety
January 2024
Return to work
If one of your employees is injured on the job, they may require a return-to-work program when they are ready to return to the job. As a small business, you may have more challenges to find suitable and available work to offer.
Return-tor-work programs are designed with the idea that many employees can safely perform alternate or modified work during their recovery.
A return to work program will:
- Help employees return to work in a safe and timely manner
- Reduce costs to train a replacement worker
- Reduce the length of time that your employee is away due to their injury
- Help employees to stay connected to their co-workers and supervisors
Focus on your worker's capabilities when designing a return-to-work strategy. The employee's medical team can identify any limitations that the worker may have in returning to work. Understand what your work can, and cannot, safely do.
Return to work Resources and Tools
When people are injured on the job and need support during their return to work, WorkSafeBC may refer them to a Return to Work Support Services provider.
Quick Reference Card
A stay-at-work/return-to-work program provides the financial, social, and psychological benefits and stability of remaining in the workforce while injured or unwell.
Have a gradual return to work process. For example, consider increasing frequency of task rotation, frequency breaks of less duration, and access to drinking water. This will allow workers to return to pre-absence physical conditioning levels.
Ale (KSW Lawyer): If an employer terminates an employee within six months due to the injury, they may be liable for breaching the Duty to Maintain Employment. The determining factor is whether the termination was related to that worker’s compensable injury. WorkSafeBC wants to dissuade employers from terminating injured workers due to their injury and […]
Ale (KSW Lawyers): The Duty of Maintain Employment is not indefinite; it runs to the second anniversary of a worker’s date on injury. If a worker has been unable to return to work over two years from the date of injury, the obligation to maintain employment ends.
Conference Session
When an employee needs an employer-supported disability or medical leave, their leader has a significant impact on their experience before, during and after their leave from work. Leaders learn how to empower their employees to take the lead on how to stay in touch, what leaders and co-workers can and can not say to employees, […]
Watch on DemandConference Session
The difference between a comprehensive, effective return to work program and one that only addresses bare-minimum obligations can equate to hundreds of thousands of dollars in annual WorkSafeBC premiums. There is not only a financial incentive to develop supportive disability management strategies, but it has been proven that workers who return to safe, appropriate work […]
Conference Session
The difference between a comprehensive, effective return to work program and one that only addresses bare-minimum obligations can equate to hundreds of thousands of dollars in annual WorkSafeBC premiums. There is not only a financial incentive to develop supportive disability management strategies, but it has been proven that workers who return to safe, appropriate work […]
Conference Session
The difference between a comprehensive, effective return to work program and one that only addresses bare-minimum obligations can equate to hundreds of thousands of dollars in annual WorkSafeBC premiums. There is not only a financial incentive to develop supportive disability management strategies, but it has been proven that workers who return to safe, appropriate work […]
Teresa (WorkSafeBC): A worker can, but they are not obligated to, share their medical information. Many doctor’s reports can include information that is not relevant to the claim and is the confidential, private, information of the worked. For medical information to help identify suitable work, you can direct a worker to physiotherapy for the completion […]
TeksMed Service: Employers should keep in mind they do not NEED to wait for medical to make an offer of suitable/modified work. They can base the offer off common-sense restrictions (Ie: one-handed duties for a left-hand injury). Also, other treatment providers can provide limitations or assist in reviewing modified work (Ie: Physiotherapist). As WCB receives […]
Teresa (WorkSafeBC): The new legislation provides a legal framework for supporting an injured worker’s return to, or continuation of work.
Teresa (WorkSafeBC): There is no limit prescribed. If the work is being completed regardless of accommodations than there is no effect. If providing accommodations becomes an undue hardship, then that will be reviewed. Make sure you document why an accommodation is not possible. Amanda (TeksMed Services): There is no set figure.
Amanda (TeksMed Services): Being on Probation does not bar a worker from claim, however the Duty to Maintain employment only applies to workers who have been employed for at least 12 months. Many workers have underlying or pre-existing conditions, the Board can consider accepting this as only an aggravation to a pre-existing condition and/or may […]
Teresa (WorkSafeBC): The duty to cooperate requires workers to “not unreasonably” refuse suitable work when it is made available by an employer with whom the worker has an existing employment relationship. If a worker refuses work duties that are suitable and available, WorkSafeBC will investigate to determine the reasonableness of the worker’s refusal. If WorkSafeBC […]
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 […]
Ale (KSW Lawyers): Terminating a worker and paying them termination pay does not automatically cancel the Duty to Maintain Employment obligations. Employers may still be required to establish that the termination was unrelated to the injury under the WorkSafeBC system. Whether there was a breach of the Duty to Maintain Employment is determined on a […]
Teresa (WorkSafeBC): I am not sure if that has been a consideration, as it is outside of my department, but if you would like to know, please send an email so that I can forward it to the appropriate department and try to find an answer for you.
Teresa (WorkSafeBC): Undue hardship refers to a point at which accommodating a worker becomes too difficult, unsafe, or costly for the employer. WorkSafeBC determines if the situation meets the undue hardship criteria on a case-by-case basis, taking into account the specific circumstances of each situation. Employers are obligated to identify and offer work that is […]
Conference Session
Many employers feel completely paralyzed in the face of psychological disability. And while there are many similarities to managing physical injuries or illness, it is true that mental health claims demand an increased level of understanding and nuanced strategy. In this 30 minute session, Technical Claims Specialist Amanda Peck will first provide an overview of […]
Amanda (TeksMed Services): Employers should keep in mind they do not NEED to wait for medical to make an offer of suitable/modified work. They can base the offer off common-sense restrictions (Ie: one-handed duties for a left-hand injury). Also, other treatment providers can provide limitations or assist in reviewing modified work (Ie: Physiotherapist). As WCB […]
Amanda (TeksMed Services): This depends on the circumstances, failure to report is not always necessary a bar to claim but can be depending on the situation and circumstances. One would need to review the specifics for a recommended action, but generally one can always ask WCB to investigate or if the factors are strong enough […]
Ale WorkSafeBC: keeps a record of the phone calls throughout a claim. Case Managers often summarize conversations after speaking to a worker or an employer. You can find this under the “Communications” tab via the online claim portal. The call centre may also “log” a message that you leave for the Case Manager, Vocational Rehabilitation […]
Teresa (WorkSafeBC): In response to your question, it seems that you are asking about the DTME and how to communicate to the employer that they cannot terminate an employee who may not meet the DTME because they were recently hired. The DTME applies to employers who regularly employ 20 or more workers and workers who […]
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 […]
WorkSafeBC offers a Return to Work Coordinator course. It is a two-day course focuses on the role and responsibilities of a return-to-work (RTW) coordinator, providing participants with the information, tools, and templates that will allow them to do the job. The course focuses on the value of a proactive approach, which provides support for an injured […]
Ale (KSW Lawyer): Employers are expected to accommodate a worker to the point of undue hardship, the point at which it is too difficult, unsafe, or expensive to remove barriers so that injured workers can return to work. If creating a new position is financially unfeasible for a business, the employer can establish that doing […]
This website links to and references a study funded by NIOSH that looks at the long-term impacts of workplace injuries on workers.
News & Blog Articles
Editorial from TeksMed Services on Bill 41
December 6, 2023
Editorial: TeksMed Services Inc. As a disability management consultant, TeksMed Services Inc. regularly counsels employers on return-to-work requirements and issues. The following is an article TeksMed published on their own website for their clients and has agreed to share it...
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