On October 31, 2022, the BC government completed the first reading of Bill 41 – 2022: Workers Compensation Amendment Act (No. 2), 2022 ("Bill 41"), which contains further amendments to BC's Workers Compensation Act (the "WCA"). If enacted, Bill 41 will impose an obligation on employers to accommodate and re-employ injured workers up to a point of undue hardship. Bill 41 also requires employers and workers to cooperate with each other, and with WorkSafeBC (the "Board"), in furtherance of a plan to return the worker to work.
If passed into law as presently drafted, Bill 41 will have significant administrative, cost and labour relations implications for employers. It will also give employees/workers the option of filing a claim with the Board or a complaint with the Human Rights Tribunal (or possibly both) in connection with termination and accommodation issues relating to a work-related illness or injury.
Bill 41 imposes on employers the duty to facilitate the reintegration into the workplace of a worker who has experienced workplace injuries, and imposes a corresponding obligation on the injured worker to facilitate their integration in the workplace.
The reciprocal duties to cooperate between the employer and the worker include:
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