If you are injured at work:
- Report to First Aid & Notify your Foreman
- If this is the result of an accident CALL THE BUSINESS AGENT!
- Make a claim 1-888-WORKERS (1-888-967-5377)
- Report to your Doctor
- Notify the Secretary Treasurer
If I have Been Injured at Work Do I Have to Take Light Duties?
There have been big changes in this area. In January 2024 the Workers’ Compensation Act changed to include:
The Duty to Co-operate – for both workers and employers
And
The Duty to Maintain Employment – for employers
This puts a lot more pressure on both the employers and workers to find some job that the injured worker is able to do while they recover (and after, in the case of permanent injuries).
Now, if you refuse to do “reasonable alternate employment“, you can have your benefits cut off. At the same time, the employer can be fined if they don’t offer reasonable light duties.
You and the employer may disagree about what “reasonable alternate employment” is.
WHAT CAN I DO?
Contact the union right away.
If you feel that the employer is offering you unreasonable work that is demeaning, or that may injure you further, contact your business agent! If you don’t take the proper steps to explain to WorksafeBC why you are refusing the work, you may find yourself cut off. At the same time, you do not want to take work that is only going to make you worse, so deal with it right away.
The WorksafeBC officer is supposed to oversee the process and ensure that the alternate employment offered is reasonable, and also that you are not “unreasonably” refusing the work.
WorkSafeBC policy says:
Employers must identify and make suitable work available where reasonable to facilitate the reintegration of an injured worker into the workplace. It involves collaborating with the worker, health care professionals, and other relevant parties* to identify positions that accommodate the worker’s functional abilities and medical restrictions.
* We say that the union is a relevant party and should be included in these arrangements.
This is why it is important to get the union involved right away.
Go to your doctor right away.
It’s impossible to stress enough just how much you will need to have a doctor’s report. The doctor’s report will not only diagnose your problem, but also, regular visits to you doctor will establish that you are still injured.
Tell your doctor what the alternate duties are that the employer wants you to do. Make sure your doctor understands what is involved in the offered job. Giving the doctor a job description to look at is best. If your doctor feels that these duties are not safe, get him or her to send in a doctor’s report to WorkSafeBC saying why the light duties are not appropriate at this time. (The doctors already have these forms, called Form 11s).
You have to be clear with your doctor about the nature of the light duties and why you can’t do them. If WorkSafeBC thinks that the doctor does not understand the nature of the job duties, they will not accept the doctor’s opinion.
If your doctor just fills out a report saying, “Bob can’t do those light duties” the note will be useless. The doctor must explain why.
The other reason why you need to go to your doctor regularly is that WorkSafeBC doctors will look at the file as the claim goes on and will say how long you should be off before you can return to some form of work. If you disagree with this opinion, you need your doctor’s support.
The fact that you say you are still in pain or too disabled to work may be worthless, if you do not have a doctor’s support.
That’s not to say that they will necessarily listen to your doctor – they may say that their doctor’s know better, and try and get you back to work anyhow, but if you don’t have a doctor’s support, you are pretty much at their mercy.
And finally, if your injuries are permanent, WorksafeBC will decide how much of a pension you will be awarded. The reports from your doctor will be good evidence if you want to appeal that decision.
So remember, with every injury:
-Contact the business agent right away if the employer is trying to get you back to work.
-See your doctor as soon as possible.
-Continue to see your doctor regularly.
– Be prepared to explain why, if the alternate employment the employer offers you is not appropriate, and have the union involved in that discussion.
Further resources may be listed at www.olearylaw.ca – see our resources page.
Sarah O’Leary – O’Leary Law