Duties of Employees and Employers

Cooperation with Board

If a worker or their dependents do not cooperate with the Board in relation to a compensation claim, the Board may stop, reduce, or end the compensation being paid to them under the relevant law.

Return to work

The employer is required to contact the worker immediately after the injury occurs and maintain communication, provide suitable employment consistent with the worker's functional abilities, and provide the Board with information regarding the worker's return to work.

The worker is required to contact the employer immediately after the injury, cooperate in the early and safe return to work, accept suitable employment, and provide the Board with necessary information.

The Board may monitor the progress of the worker's return to work and may attempt to resolve any disputes between the employer and the worker.

Failure to comply with this may result in penalties and loss of compensation.

The employer must re-employ a worker who has been unable to work as a result of an accident and has been employed by the employer for at least 12 continuous months.

The Board shall determine if the injured worker is medically able to perform their pre-injury duties or suitable work. If the worker is able to perform their pre-injury duties, the employer must offer them the position they held before the accident. If they are unable to perform their pre-injury duties but can perform suitable work, the employer must offer them the first available suitable work.

The employer to accommodate the worker's needs as a result of their injury, as long as it does not cause undue hardship for the employer. If the employer offers re-employment to the worker and the worker refuses, the employer is no longer bound by the Act in relation to that worker.

If an employer terminates the worker's employment within six months of re-employment, it is presumed that the employer has not fulfilled their obligations under the Worker’s Compensation Act.

The employer must accommodate the work or workplace to the needs of a worker who requires accommodation as a result of the injury, to the extent that the accommodation does not cause undue hardship to the employer.

PEI Worker’s Compensation Act s. 86-86.11