Under New Brunswick law, employers have a legal duty to accommodate injured workers by offering suitable “modified duties” that respect their medical restrictions. Failing to cooperate with WorkSafeNB’s return-to-work process can result in hefty administrative penalties and prolonged premium increases.
When an employee suffers a workplace injury in New Brunswick, the priority is always their physical recovery. However, modern medical evidence strongly shows that safely returning to light work actually speeds up the healing process and protects the worker’s mental health. Whether your employee injured their back in a Moncton warehouse or suffered repetitive strain in a Fredericton office, keeping them connected to the workplace is vital.
As an employer, you cannot simply tell an injured worker to “stay home until you are 100% healed.” The law strictly mandates a “duty to accommodate.” You must actively collaborate with the worker and WorkSafeNB to find productive, safe tasks they can perform while recovering. In this guide, we will break down exactly how to create a legally compliant Return to Work (RTW) plan.
Step-by-Step Process for Implementing Modified Duties
Managing a return-to-work scenario requires clear communication and meticulous documentation. The goal is to gradually rebuild the worker’s stamina without aggravating their initial injury.
Step 1: Obtain Clear Medical Restrictions
Before you can assign any work, you need to know exactly what the employee is physically capable of doing . The worker must provide a WorkSafeNB medical form (often filled out by their physician or physiotherapist) detailing their functional abilities. This form will state specific limitations, such as “cannot lift more than 10 lbs,” “must avoid repetitive bending,” or “requires sitting for 15 minutes every hour.”
Step 2: Identify Suitable and Productive Tasks
Once you have the medical restrictions, sit down with the worker to brainstorm “light duties” that strictly obey those limits. The tasks must be meaningful and productive; you cannot simply ask them to sit in an empty room and stare at a wall. Examples include answering phones, performing safety audits, filing paperwork, or operating a forklift instead of manually loading heavy boxes.
Step 3: Draft a Formal Return to Work (RTW) Plan
Your agreement must be put in writing. Draft a formal Return to Work plan that explicitly lists the new modified duties, the updated work hours (e.g., working 4 hours a day instead of 8), and the expected timeframe. Both the employer and the worker must sign this document, and a copy must be immediately forwarded to their WorkSafeNB case manager for official approval.
Step 4: Monitor and Gradually Upgrade Duties
Recovery is an ongoing process 📈. You should hold brief weekly meetings with the injured worker to see how their body is tolerating the modified tasks. As they undergo physiotherapy and their physician updates their medical restrictions, you will gradually adjust the RTW plan, slowly reintroducing heavier or more complex duties until they safely reach their pre-injury role.
Comparing Regular vs. Modified Work Environments
Understanding what constitutes “suitable” work is key to avoiding disputes with WorkSafeNB. Here is a breakdown of proper versus improper accommodations:
| Job Element | Improper Handling (Risk of Penalty) | Proper Modified Duty (Compliant) |
|---|---|---|
| Physical Labor | Asking a worker with a back injury to “just lift the lighter boxes” without strict weight limits. | Moving the worker to a quality control desk where they strictly inspect items while seated. |
| Work Hours | Forcing them to work a full 8-hour shift when the doctor prescribed a maximum of 4 hours. | Implementing a gradual return, starting at 4 hours and increasing by 1 hour each week. |
| Dignity of Work | Creating “make-work” projects that are humiliating or entirely useless to the business. | Having them assist with safety training, inventory tracking, or customer service calls. |
How Much Does it Cost in New Brunswick?
Providing modified duties actually saves your business money by lowering the wage-loss payouts that heavily impact your premiums. However, there are some minor potential costs to consider:
- Ergonomic Equipment: You may need to purchase an adjustable chair, a sit-stand desk, or anti-fatigue mats. These typically cost between $150 CAD and $800 CAD.
- Wage Considerations: If the light duty job pays a lower hourly rate than their original job, WorkSafeNB will generally step in and pay the difference (top-up) so the worker does not suffer a financial loss while recovering.
- Professional Assistance: If the situation is highly complex, hiring a disability management consultant or an employment lawyer to draft your company’s RTW policies can cost between $1,000 CAD and $3,000 CAD.
How Long Does the Process Take?
The Return to Work process should begin immediately after the doctor clears the worker for light duties. A typical modified duty program lasts anywhere from 2 to 8 weeks. If the injury is severe and the worker reaches Maximum Medical Recovery (MMR) but still cannot perform their old job, the duty to accommodate may require making the modified position permanent.
Frequently Asked Questions (FAQ)
What if the worker outright refuses the modified duties?
If you offer a safe, doctor-approved light duty position and the worker unreasonably refuses to show up, you must notify WorkSafeNB immediately. The board will investigate, and if they determine the worker is not cooperating, WorkSafeNB may suspend or completely terminate their wage-loss benefits.
What if my small business simply has no light duties available?
Employers must accommodate to the point of “undue hardship.” If you run a tiny 3-person roofing company and truly have zero office work or light tasks, you must explain this to WorkSafeNB. If they agree that accommodation is impossible, the worker will remain home on full benefits.
Can I fire an employee while they are on modified duties?
Terminating a worker who is currently recovering on a WorkSafeNB claim is extremely dangerous legally. Unless you have absolutely ironclad proof of severe misconduct (like stealing or assault), firing them will likely trigger a massive human rights complaint and wrongful dismissal lawsuit for disability discrimination.
Who pays the worker while they do light duties?
As the employer, you pay their regular wages for the exact hours they work on the light duties. If they only work 20 hours a week instead of 40, WorkSafeNB will generally issue a partial benefit cheque to make up for the 20 hours of lost wages, minimizing the impact on your claims experience rating.
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