Additional protection for BC employes who are injured are coming effective Jan 1, 2024.
The duty to cooperate and the duty to maintain employment will both become mandated.
The duty to cooperate now requires a 2-way open line of communication between employees and employers regarding the status of injury and available, appropriate duties when it is safe to return. This clause will apply to all claims for injuries since January 1, 2022. This new mandate is a formal acknowledgement that all parties have a role to play and that it is reasonable to expect communication during the absence of the employee (from and to both parties).
The next clause that will have the potential to impact dealerships is the obligation to maintain employment. If an employee has been with you for more than 12 months, you are required to maintain a position for the injured employee. This means that you will need to take one of the following measures (depending on the circumstances):
Offer pre-injury work
Offer a comparable alternative
Offer the first suitable work that becomes available where they cannot return to pre-injury work
In addition, the employer may also be required to make changes to the work environment/workplace in order to accommodate an injured worker. This clause will apply to workers who were injured after July 1, 2023.
Remember that the smoothest transition occurs when an employer and employee collaborate, so effective communication and clear documentation remain key to a successful return to work after a workplace injury.
If you need additional assistance with managing workplace related injuries,and want to know more about our program and how we assist dealerships, than #letstalk.
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