Co-operating in the return-to-work process

You should be aware of what your responsibilities and obligations are in the return-to-work process. Our role is to help guide you. If you choose not to co-operate, we may need to take action.

If you’re an injured or ill person

If you choose not to co-operate, it could affect your benefits.

Penalties for non-co-operation can include an initial non-co-operation penalty. If you receive this penalty you will have your wage-loss benefits reduced by 50 per cent. This penalty comes into effect 10 business days after the date of our written notice.

If you are still not co-operating 14 calendar days after the initial non-co-operation penalty comes into effect, we can suspend all of your wage-loss benefits.
If you’re still not co-operating 14 calendar days after the initial non-co-operation penalty comes into effect, we can also cancel any return-to-work training assessments and/or plans.

If we are satisfied that you are now co-operating, your full benefits will resume the day after you notify us.

If you’re an employer

If you choose not to co-operate, there may be penalties for non-co-operation.

Penalties for non-co-operation can include an initial non-co-operation penalty. This penalty is equal to 50 per cent of the wage-loss benefits your employee receives and comes into effect 10 business days after the date of our written notice to you.

If you are still not co-operating 14 calendar days after the initial non-co-operation penalty comes into effect, there may be a penalty of up to 100 per cent of the cost of wage-loss benefits your employee receives, plus 100 per cent of any costs associated with providing return-to-work training services. This can continue for up to 12 months.
Small businesses may not have the same resources immediately available to them. If you employ less than 20 people, the initial non-co-operation penalty comes into effect 14 business days after the date of our written notice to you.

If we are satisfied that you are now co-operating, your penalty will stop the day after you notify us.

You can read more about your responsibilities and obligations in Policy #19-02-08 RTW Co-operation Obligations.

Your obligation to re-employ

If you are an employer in a non-construction industry, you have an obligation to re-employ if the following three conditions are met:

Your employee has been unable to work as a result of their work-related injury or illness; and
Your employee has been continuously employed by you for at least one year before the date of injury and/or illness; and
You regularly employ 20 or more people.

If you are not fulfilling your re-employment obligations, we will educate you on your obligations and if you still do not come back into compliance, we may need to penalize you.

The penalty may be up to the equivalent of your employee’s net average earnings for the year before the injury.
We may make re-employment payments to your employee or pay them loss-of-earnings benefits (dependent on whether they can perform the essential work duties of their pre-injury job or accommodated work).

What if I’m an employer in the construction industry?

If you are an employer in the construction sector, you have an obligation to re-employ if your injured employee has been unable to work because of a work-related injury and/or illness. Your employee is considered unable to work as a result of the work-related injury/illness if he/she:

is absent from work,
works less than regular hours, and/or
needs accommodated and/or modified work that pays, or normally pays, less than their regular pay.

You are obligated to re-employ your injured or ill employee when you are notified that they are now medically able to perform:

the essential duties of their pre-injury job, or
suitable construction work, or
suitable non-construction work.

Your obligation to re-employ ends when any of the following happens:

two years pass from the date of your employee’s injury and/or illness, or
one year passes since your employee is medically able to perform the essential duties of their pre-injury job, or
your employee declines an offer of work, or
your employee reaches age 65.

We may penalize you if, after a warning and written notice, you continue to not offer re-employment. This can include:

Issuing a re-employment penalty. The penalty can’t be more than your employee’s net average earnings for the year before the injury/illness.
Making re-employment payments to your employee or paying them loss-of-earnings benefits for a maximum of one year.

For more information on obligations and responsibilities for construction sector employers read:

What if I don’t co-operate with the return-to-work process and don’t offer to re-employ?