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Responsibilities while receiving workers’ compensation benefits

If you have qualified for workers’ compensation benefits then you are probably relieved that while you are ill, you don’t have to worry about your finances.

However, while you are on your worker’s compensation you have responsibilities to fulfill in order to stay eligible for the benefit. However, your employer also has responsibilities while you are on worker’s compensation.

Most people fall under their provincial workers’ compensation Board, while most federal employees fall under federal government workers’ compensation rules.

Although every province/territory has their own workers’ compensation rules and regulations, they are similar when it comes to responsibilities of employees and employers while the worker is under the benefit.

Here are some provincial and territorial examples of what workers and employers are expected to do:

Worker’s responsibilities

Northwest Territories

Here is what you have to do if you are on worker’s compensation in the Northwest Territories:

  • Contacts employer as soon as possible after the injury happens;
  • Complete and submit a Worker’s Report of Injury form;
  • Inform health care provider of available suitable work;
  • Accept suitable work when identified;
  • Provide employer with updates on medical status, functional abilities, and progress throughout the period of recovery;
  • Attend medical follow-up appointments every two weeks or as required;
  • Help employer identify suitable and available work, consistent with their functional abilities and, where possible, restores pre-injury earnings;
  • Provide WSCC with information on their RTW plan.

Ontario

While you are receiving benefits you have to do the following:

1. Cooperate in your recovery by following the treatment and health care prescribed by your health care professionals.

2. Have health examinations as required by the WSIB.
The WSIB may require a health exam if it will help us make a decision as to your case, or if it will help you re-enter the job market. Your employer may request a health exam if it will provide significant new information regarding your case.

3. Cooperate in your Return to Work program or Work Re-integration program.

Report any material change in your circumstances to the WSIB. Some examples of material changes are any change to your income, significant changes in your medical condition, or a return to work.

5. Provide any information that the WSIB needs to assess your case.

Employer’s responsibilities

Saskatchewan

In Saskatchewan, for instance an employer has the following responsibilities under the Worker’s Compensation Act of 2013.

52. Within five days after the date on which an employer becomes aware of an injury that prevents a worker from earning full wages or that necessitates medical aid, the employer shall notify the board in writing of:

  • the nature, cause and circumstances of the injury;
  • (b) the time of the injury;
  • (c) the name and address of the injured worker;
  • (d) the place where the injury happened;
  • (e) the name and address of any physician who attends the worker for his or her injury; and
  • (f) any further particulars of the injury or claim for compensation that the board may require.

Duty of employer to co-operate to achieve worker’s return to employment

53. An employer shall co-operate with the board and the worker to achieve the early and safe return of an injured worker to his or her employment.

Northwest Territories

The employer has the following responsibilities in the Northwest Territories:

  • Contact worker as soon as possible after the injury happens.
  • Stay in regular communication with worker and WSCC throughout the recovery period.
  • In collaboration with worker identifies and provides suitable work, consistent with worker’s functional abilities and, where possible, restores worker’s pre-injury earnings.
  • Complete and submit an Employer’s Report of Injury form.

Provide WSCC with information concerning worker’s RTW including the RTW plan and progress updates

Read more:

Workplace Safety and Insurance Board Ontario

Worker’s Compensation Act Saskatchewan

Worker’s Compensation and Safety Board of the Northwest Territories