Employers:

Prohibition of discrimination due to injury

Employers are prohibited from dismissing, suspending, laying off, penalizing, disciplining, or discriminating against a worker who has been injured on the job and is entitled to apply for compensation.

• This protection applies from the date of the worker's accident until the Commission renders a decision on the compensation application or for a specific period of time, whichever is longer.

• If an employer violates this provision, a complaint can be made under the Employment Standards Act, and the complaint will be enforced according to that Act.

Obligation to re-employ

An employer is obligated to offer re-employment to a worker who has been unable to work due to a job-related injury.

Re-employment should be offered if the worker had been employed by the employer for at least 12 consecutive months, and the Commission determines that the worker is medically able to perform either their previous job or suitable work.

Employers are required to accommodate the worker to the extent that it does not cause undue hardship.

If a worker can perform their previous job, the employer must offer them that position or provide alternative employment with comparable earnings.

If the worker cannot perform their previous job but can perform suitable work, the employer must offer them suitable work.

• Employers are obligated to fulfill these re-employment obligations for a specific period, depending on the number of workers employed.

Employees:

Duty to co-operate

• Employers and injured workers have a duty to cooperate in facilitating the early and safe return to work of the worker.

• Employers should maintain communication with the worker and the Commission, offer suitable work, cooperate with Commission-sanctioned return-to-work programs, and provide requested information.

• Injured workers should also maintain communication, cooperate with the employer, cooperate with Commission-sanctioned programs, and provide requested information.

• Failure to comply with these obligations may result in a reduction or suspension of compensation for the injured worker.

Commission to assist return to work

The Commission has the authority to take measures and incur expenses to assist injured workers in returning to work and reducing or eliminating the effects of their injuries.

NB Worker’s Compensation Act s. 42.3-42.6