Return-To-Work and Re-Employment Obligations (7:XII)

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This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on 18 July 2025.
LSLAP Manual
LSLAP Manual
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Law Students' Legal
Advice Program Manual.
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LSLAP Manual
Introduction
Chapters
7. Workers' Compensation
 · I. Introduction

 · II. Legislation, Policy & Guidelines
 · III. Introduction to Compensation Claims
 · IV. LSLAP's Role at Initial Decision
 · V. Limitation Periods & Timing of Decisions
 · VI. Making a Claim
 · VII. The Claim Acceptance Process
 · VIII. Worker Status
 · IX. Disability and Causation
 · X. Time Limits & Procedures
 · XI. Claim Benefits
 · XII. Return-To-Work & Re-Employment
 · XIII. Appeals
 · XIV. Health and Safety Regulations
 · XV. Assessments of Employers
 · XVI. WCB Fair Practices Office
 · Appendix A: Abbreviations
 · Appendix B: List of Cases
 · Appendix C: Referrals
 · Appendix D: Resources
 · Appendix E: Claims Process Flow Chart
 · Appendix F: Checklist for Interviews
 · Appendix G: Checklist for Appeals

 · Appendix H: Sample Authorization Form
v • d • e



Sections 154.1 to 154.6 of the WCA, which were effective as of January 1, 2024, outline duties for both workers and employers to support a worker’s early and safe return to work. These sections apply when a worker is unable to earn full wages due to a work-related injury. As clarified by RSCM II Policies #C5-35.10 and #C5-35.20, an “injury” in the context of these sections also includes occupational diseases and mental disorders, in addition to physical injuries.

A. Duty to Cooperate

Pursuant to section 154.2 of the WCA, workers and employers must cooperate with each other and with the Board to facilitate the worker’s return to suitable work. As explained by RSCM II Policy #C5-35.10, the duty to cooperate is a separate, standalone duty that applies regardless of whether the duty to maintain employment pursuant to section 154.3 of the WCA, discussed below, applies. The employer’s duties include (WCA, s.154.2(1)):

  • Contacting the worker as soon as practicable after the injury;
  • Maintaining communication throughout the recovery process;
  • Identifying suitable work that aligns with the worker’s functional abilities
  • Providing information to the Board as requested; and
  • Doing anything else required by the Board

The worker’s duties include (WCA, s. 154.2(2)):

  • Contacting the employer as soon as practicable after the injury;
  • Maintaining communication throughout the recovery process;
  • On request of the employer, assisting in identifying suitable work that may restore pre-injury earnings;
  • Providing information to the Board as requested; and
  • Doing anything else required by the Board.

The duty to maintain communication does not apply where the Board determines that such communication would jeopardize the worker’s recovery (WCA, s. 154.2(3)). If either party fails to cooperate with their obligations, the Board may issue a determination and impose consequences, including but not limited to the suspension or reduction of benefits for workers (WCA, ss. 154.2(4)–(6)). RSCM II Policy #C5-35.10 provides that both parties must make reasonable efforts to meet their duties and that a worker’s unreasonable refusal of suitable work may constitute non-cooperation.

RSCM II Policy #C5-35.10 clarifies that “suitable work" refers to work that is safe, productive, and consistent with the worker’s functional abilities and skills. It must not pose a health or safety risk to the worker or others, must contribute meaningfully to the workplace (i.e., not token or demeaning), and must align with any medical restrictions. The worker must have, or be reasonably able to acquire, the necessary skills or qualifications to perform the work. Suitable work may involve different duties from the pre-injury job, or modified duties and/or hours.

Where a worker refuses work made available by the employer, the Board first determines whether the work meets the criteria for suitable work, based on a description of duties and the worker’s functional abilities and medical restrictions. If the work is suitable, then the Board considers whether the refusal is reasonable. Factors to determine whether refusal is reasonable may include, but are not limited to, impacts related to transportation or dependant care, especially where the injury or a change in hours or location affects the worker’s ability to accept the work. Refusal is generally not unreasonable if accepting the work would compromise an active rehabilitation plan and the worker is cooperating in good faith. However, refusal will typically be deemed unreasonable if job details are not shared with a health care professional: see RSCM II Policy #C5-35.10.

B. Duty to Maintain Employment

Pursuant to section 154.3(1) of the WCA, employers who regularly employ 20 or more workers are subject to a duty to maintain employment where the injured worker had been employed with them for at least 12 continuous months prior to injury. If the worker is fit to carry out the essential duties of their pre-injury job, the employer must:

  • offer that job back to the worker; or
  • provide alternative work that is comparable in kind and in pay (WCA s. 154.3(4)).

If the worker is not fit to carry out the essential duties, the employer must offer the first suitable work that becomes available (WCA, s. 154.3(3)). The definition of “suitable work” is the same as set out under the duty to cooperate (see RSCM-II Policies #35.10 and #35.20).

In all cases, the employer must accommodate the worker’s functional limitations to the point of undue hardship (WCA, s. 154.3(5)). Undue hardship, as described in RSCM-II policy item #C5-35.20 of the RSCM II, may arise where accommodation would be too difficult, too expensive, or unsafe. The Board may consider factors such as safety risks, financial impact, disruption to operations, and the size and flexibility of the workplace. Employers must provide evidence if claiming undue hardship and should still explore reasonable alternatives. In some cases, the Board may help cover accommodation costs where consistent with the Act and policy.

Pursuant to section 154.3(6) of the WCA, the employer’s obligation to maintain employment can end in two possible ways:

  • All obligations end on the second anniversary of the date of injury if the worker has not returned to work by that date; or
  • If the worker is performing suitable work by the second anniversary, the specific obligation to re-employ under section 154.3(4) ends at that time.

Section 154.3(1) of the WCA provides that if a worker is terminated within six months of beginning suitable work, returning to their pre-injury duties, or commencing alternative comparable work, there is an assumption that their employer has failed to comply with its re-employment obligations under sections 154.3(3) or (4) of the WCA. However, the employer can rebut this assumption by demonstrating to the Board that the termination was unrelated to the injury (WCA, s. 154.3(9)).

If a worker has been terminated within six months of beginning suitable work, returning to their pre-injury duties, or commencing alternative comparable work, then the worker may request that the Board determine whether their employer has complied with the duty to maintain employment (WCA s. 154.3(10)). However, the Board is not required to consider a request if it finds the request to be without merit or if both of the following apply:

  • The worker was terminated within six months of beginning suitable or pre-injury work; and
  • The request was made more than three months after termination (WCA, s. 154.3(11))

If the Board determines that the employer failed to meet the duty to maintain employment and the worker is no longer entitled to temporary total or partial disability benefits under sections 191 or 192 of the WCA, then the Board may pay to the worker an amount equal to the compensation to which the worker was entitled under section 191 [temporary total disability] or 192 [temporary partial disability] (WCA, s. 154.3(12

C. Penalties

Where the Board determines that an employer has failed to comply with either the duty to cooperate under section 154.2 or the duty to maintain employment under section 154.3 of the WCA, it may impose an administrative penalty pursuant to section 154.5 of the Act.

As per RSCM II Policy #C5-35.30, before issuing a penalty, the Board will:

  • Notify the employer of the specific obligation(s) they are failing to meet under section 154.2 and/or 154.3;
  • Inform the employer of the potential for an administrative penalty; and
  • Provide the employer with a reasonable opportunity to comply or explain the non-compliance

Furthermore, a penalty will not be imposed where the employer can demonstrate that it took all reasonable steps to comply with its obligations. The penalty amount varies depending on which duty was breached:

  • For failure to cooperate (WCA s154.2), the penalty is equal to the cost of compensation payable to the worker under sections 155, 191, or 192 of the WCA during the period of non-compliance, assessed monthly and capped at the maximum wage rate under section 209 (RSCM II #C5-35.30)
  • For failure to maintain employment (WCA s154.3), the penalty is the greater of the worker’s long-term average earnings, up to the statutory maximum wage rate, or 50% of the maximum wage rate (RSCM II #C5-35.30, s.4) If the employer subsequently complies, the Board may reduce the penalty on a pro-rated basis for the remaining period of non-compliance, up to a maximum of 52 weeks.

If an employer violates both duties during overlapping periods, the Board will issue a single penalty based on the higher amount (RSCM II #C5-35.30). All penalties must be paid to the Board for deposit into the accident fund (WCA s 154.5(4)). If a penalty is later reduced or cancelled on review or appeal, the Board must refund the difference and pay interest.


v • d • e
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Worker's Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Legislation, Policy & Guidelines · III. Introduction to Compensation Claims · IV. LSLAP's Role at Initial Decision · V. Limitation Periods & Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits & Procedures · XI. Claim Benefits · XII. Return-To-Work & Re-Employment · XIII. Appeals · XIV. Health and Safety Regulations · XV. Assessments of Employers · XVI. WCB Fair Practices Office · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process Flow Chart · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
© Copyright 2025, The Greater Vancouver Law Students' Legal Advice Society.


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