The provincial government has made amendments to the Workers Compensation Act that affect return to work. All employers and workers will be required to cooperate with each other and with WorkSafeBC to ensure a worker can return to their pre-injury job, a comparable job, or other suitable work. In addition, certain employers will have an obligation to return injured workers to work in specific circumstances. These changes come into effect on January 1, 2024.
What the new legislation means for you as an employer
The “duty to cooperate” applies to both workers and employers and applies to claims with injury dates going back up to two years. The requirements include the following:
- Workers and employers will need to cooperate with each other, and with WorkSafeBC
- You will need to make suitable work available to workers in a timely and safe manner following their injury or illness
- Workers must cooperate with you to identify suitable modified job duties. They cannot unreasonably refuse that work when you make it available to them
- You must make necessary changes to accommodate a worker’s abilities to perform new or modified duties.
The “duty to maintain employment” is another new provision that applies to some employers. If you regularly employ 20 or more workers and if you have employed the injured worker for at least one year before their injury, you must maintain that worker’s employment. If a worker is fit to return to their pre-injury work, you will need to offer either that pre-injury work or a comparable alternative.
Recovery at work benefits both your business and your workers
Supporting injured workers in their recovery at work is good for employers and their businesses. Having workers perform some duties while they recover keeps them connected to their workplace and can minimize the disruptive impact of workplace injuries. Returning to work helps workers avoid other health complications. It also protects their income, employment benefits, social contacts, regular routines, and job security.
By helping workers stay on the job as they recover, your business can see several benefits. These may include:
- Retention of a skilled and experienced worker, which reduces recruitment and retraining costs
- Enhanced worker and employer relationships, demonstrating that you value your workers
- Reduced burden on co-workers
- Reduced productivity losses and workflow interruptions
- Reduced WorkSafeBC premiums
Are the changes retroactive?
The duty to cooperate will apply to claims with injury dates up to two years before the effective date of January 1, 2024. The duty to maintain employment provision will apply to claims with injury dates up to six months before the effective date.
WorkSafeBC is here to help
If you have questions about your new duties, you can send an inquiry by email. Under “General inquiries,” on worksafebc.com select “Duty to cooperate and duty to maintain employment” as the subject of your email.
Learn more about how you can help your workers safely return to employment at worksafebc.com/returntowork.
