If an employee is injured on the job in New Brunswick, you are legally obligated by WorkSafeNB to help them get back to work safely. You must create a formal Return-to-Work (RTW) programme, offering modified duties or reduced hours that fit their specific medical restrictions while they recover.
When a workplace accident occurs, the impact extends far beyond the initial emergency room visit. Whether a worker strains their back at a warehouse in Dieppe or slips and falls in a Fredericton office, their absence disrupts your operations. More importantly, prolonged time away from work can negatively affect the employee’s mental health and financial stability.
Under New Brunswick law, you cannot simply tell an injured employee to stay home until they are 100% healed. ⚔ WorkSafeNB enforces a strict “Duty to Accommodate.” This means both the employer and the injured worker must actively cooperate to facilitate an early and safe return to the workplace. Failing to implement a Return-to-Work (RTW) programme can result in heavy financial penalties for your business and prolonged compensation costs. Here is how to navigate the process legally and ethically.
Step-by-Step Process in New Brunswick
A successful RTW programme requires clear communication, empathy, and careful documentation. By following these steps, you can ensure compliance with WorkSafeNB regulations while supporting your staff member’s recovery.
Step 1: Maintain Immediate and Ongoing Contact
The process begins the moment the injury occurs. 📞 After ensuring the worker receives appropriate medical care, you must maintain regular, supportive contact. Reach out to see how they are doing. Staying in touch demonstrates that they are a valued member of the team and sets a positive, cooperative tone for the return process.
Step 2: Obtain Functional Abilities Information
You need to know what the employee can safely do. Do not ask for their private medical diagnosis; instead, provide the worker with a WorkSafeNB Functional Abilities Form to be completed by their treating physician. This form will clearly outline their physical restrictions, such as “cannot lift more than 10 lbs” or “cannot stand for longer than 2 hours.”
Step 3: Identify Suitable Modified Duties
Review the physician’s restrictions and look at your workplace. 🔍 You must make every reasonable effort to find temporary, alternative work that fits these limitations. This could mean adjusting their regular tasks, reducing their working hours, or assigning them to a completely different role (like moving a physical labourer to administrative desk duty) until they recover.
Step 4: Draft and Sign the RTW Plan
Once you identify suitable duties, put the agreement in writing. Draft a formal Return-to-Work plan detailing the exact tasks, the working hours, and the expected duration of this modified arrangement. Both you and the employee must sign this document, and a copy should be forwarded to their WorkSafeNB case manager.
Step 5: Monitor and Adjust the Plan
Recovery is rarely a straight line. 📈 You should hold weekly check-ins with the employee to see how they are handling the modified duties. If they are struggling or experiencing pain, you must immediately adjust the workload. As their condition improves, you can gradually reintroduce their standard duties until they are back to full capacity.
How Much Does it Cost in New Brunswick?
Implementing an RTW programme is generally a cost-saving measure because it reduces the length of time WorkSafeNB has to pay wage-loss benefits, which in turn protects your corporate insurance premiums. 💵 However, there are some operational costs to consider.
| Type of Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Wages for Modified Work | Regular or Adjusted Hourly Rate | You must pay the worker for the hours they work. WorkSafeNB may top up their wages if they are working reduced hours. |
| Ergonomic Equipment | $100 – $1,500+ | You may need to purchase an ergonomic chair, a standing desk, or specialized lifting tools to accommodate their restrictions. |
| Legal Consultation | $200 – $500 / hour | If the accommodation becomes complex, consulting a New Brunswick labour lawyer can prevent human rights violations. |
Remember, failing to offer modified duties without proving “undue hardship” can result in WorkSafeNB levying a penalty against your business equal to the cost of the worker’s ongoing compensation benefits.
How Long Does the Process Take?
The RTW process should begin immediately after the injury. ⏳ WorkSafeNB expects employers to offer modified duties as soon as the physician clears the worker for light work, which could be just a few days after the accident. The duration of the RTW plan itself varies wildly; a minor sprain might require a 2-week plan, while recovery from a serious fracture could involve 3 to 6 months of gradually increasing duties.
Frequently Asked Questions (FAQ)
What if the worker refuses the modified duties I offer?
If you offer safe, medically approved modified duties and the employee refuses without a valid reason, you must notify WorkSafeNB. Their case manager will investigate, and the employee risks having their workers’ compensation benefits suspended for failing to cooperate.
Do I have to pay full wages if they only work part-time?
No. You only pay the employee for the actual hours they work during their modified duties. If they are earning less than their pre-injury salary, WorkSafeNB will typically step in and pay a portion of the difference to ensure their income is stabilized.
What if my small business simply has no light duties available?
You must prove to WorkSafeNB that accommodating the worker would cause “undue hardship” to your business, such as severe financial distress or creating a major safety hazard. This is a very high legal bar to clear in New Brunswick, so you must thoroughly document your inability to find alternative tasks.
Can I fire an employee who is on a Return-to-Work plan?
Terminating an injured employee is incredibly risky and can trigger a human rights complaint for disability discrimination, as well as penalties from WorkSafeNB. If you must lay off staff for completely unrelated economic reasons, consult a labour law firm before terminating anyone on an RTW plan.
Does WorkSafeNB pay for the ergonomic equipment?
In most cases, the employer is responsible for basic workplace accommodations. However, for specialized or highly expensive medical equipment required for the worker to return, you can speak with your WorkSafeNB case manager to see if they will assist with the funding.
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