Amendments to B.C. Workers’ Compensation Act

Recent revisions to the above statute will create new obligations for both employers and employees, effective January 1, 2024. ¹

Duty to Co-operate

Both sides must co-operate with one another to allow for an early and safe return to work. These duties will mean:

1. The employer must contact the employee as soon as possible after the injury and maintain contact throughout the absence from work;
2. The employer must identify suitable work which restores full compensation;
3. The employer must provide the WCB with any information it needs relating to the return to work.
4. The employee must similarly contact the company as soon as practicable after the injury and maintain such communication;
5. The employee must, at the instance of the employer, assist in determining suitable work which allows for full compensation;
6. The employee must also provide the WCB with any information it may require to facilitate a return to work.

The amendment has retroactive effect as it applies to all claims made as of January 1, 2022. The violation of this provision may lead to a fine against the employer of up to $116,700.

Maintain Employment

A further amendment requires the employer to maintain employment. A worker who has been employed at least for a period of 12 months, where there are at least 20 workers, including employees and contractors and consultants, must:

1. Offer the worker the first suitable work when they are fit to return to work, but not able to perform the position held prior to the injury;
2. Where the worker is able to resume full time regular duties, the employer must offer such pre-injury work, or comparable work and wages;
3. Not terminate the employment of the returning worker for 6 months unless there is evidence of a termination reason unrelated to the injury;
4. Communicate in writing with the injured worker; and
5. Be prepared to initiate the accommodation process with any worker on a WCB leave.

This obligation is similarly retroactive to all injuries as of July 1, 2023. The duty to maintain employment ends on the second anniversary of the injury if the worker has not returned to work as of this date. In addition, the duty to return the worker to the same or comparable work ends on the same date, if the worker is performing suitable work.

These amendments are long overdue. They also bring into question the relationship between the duty of the employer to accommodate a disability under human rights law, as opposed to the above, but this is a topic for another day.

1. Bill 41