New rules for injured workers

Injured workers claiming benefits under WorkSafeBC have new rules to follow. The changes are retroactive and apply to claims made on or after January 1, 2022.

What are the changes?

Injured workers and their employers are now both required by the Workers Compensation Act to communicate and cooperate with each other and with WorkSafeBC (WSBC) in order to get injured workers back to work that is safe for them to perform.

What new duties do employers have?

Employers now have to offer both temporary and permanent “suitable work” for workers.

“Suitable work” is work with changes made to the duties, hours or equipment so that you can perform it safely.

When an employer makes an offer of “suitable work”, it must be clear what the duties and changes are. It cannot be an offer to do unidentified other work. It also cannot be an offer to do unproductive or useless work.

The duty to offer this work continues for two years from the date of injury. Employers also cannot terminate your employment for injuries after July 1, 2023, without facing financial consequences from WSBC.

What new duties do workers have?

Workers now have an obligation to cooperate with their employer and WSBC by staying in communication, not refusing suitable and safe modified work, and by helping to identify other work they can do if they cannot do their regular duties.

Workers can refuse offers of suitable work if their refusal is not “unreasonable.” The factors WSBC can look at to decide if a refusal is reasonable may include:

• a much longer commute
• shifts offered at a time when you have no childcare
• if your doctor says the offered duties are not safe

Some frequently asked questions

What happens if I don’t cooperate with my employer or WSBC?

For workers, WSBC can reduce, suspend, or terminate your wage-loss benefits if you refuse to do safe suitable work, or do not maintain communication.

What happens if my employer refuses to offer me suitable work or fires me after I return to work?

Employers who don’t fulfill their obligations can be warned, and if they do not comply, fined.

What if my employer or supervisor was bullying or harassing me?

The obligation to communicate and cooperate with the employer does not apply if it is harmful or would delay your recovery. Workers and employers always have an obligation to cooperate with WSBC.

What if my employer and I don’t agree on what communication is necessary or what duties are suitable?

These changes are intended to encourage workers and employers to work together to find solutions that allow workers to stay at their job. However, workers and employers will not always agree, and some employers may be unreasonable.

Under these new rules, either side can ask WorksafeBC to decide. WSBC will then provide a decision within 60 days. This decision can be appealed.

Key advice for injured workers:

Keep a record

• Keep written records when you speak to your employer, including the date and time, who you spoke to, and what you talked about.  
• Keep a copy of any forms or offers of modified duties from your employer.
• When working modified duties, keep a dated record of any difficulties you are having. This helps support any changes you may need or concerns about whether the duties are suitable and safe.

Stay in touch

• A “disability management” company your employer has hired has the same obligations as your employer when acting for them.
• Do not avoid talking to WSBC even though it can be stressful. Ask a friend to listen in if you need support.  
• You should contact your employer as soon as you can after a workplace injury. How often you need to communicate after that depends on what is reasonable in the circumstances. For example, if you have a broken leg and cannot do any suitable duties until your cast and crutches are off in six weeks, you should not have to speak with your employer every week during that time.

Understand the offer

• An offer of suitable duties does not have to be in writing, but it must be clear what suitable work they are offering.
• Speak to your doctor about the duties and your ability to carry them out safely.
• When you see your doctor to ask if different work is suitable and safe, make sure your doctor understands the duties being offered before giving their opinion and that they clearly describe any limitations or restrictions you have.

Getting support from your union

If you are having issues with your employer in returning to work, please contact your HEU servicing representative by calling 604-438-5000 and asking to be transferred to the rep for your site.

If you have a decision from WSBC that you disagree with and wish to appeal, please call HEU’s WSBC hotline at 604-456-7186 or 1-877-438-5550.

You can also call this line for advice about your or your employer’s duties under the new regulations. You only have 90 days from decision date to appeal.