Injuries may occur at any point in your life, and depending on the severity, it may be challenging to navigate employment after sustaining the injury. It is essential to report your injury to your employer as soon as possible. When returning to work, you must be mindful of health considerations and workplace obligations. In this blog, we will be exploring the return-to-work process, consider options such as modified work arrangements, and address common concerns faced by employees, including disputes over return-to-work readiness, potential pay cuts, the pressure to resign, and unfair treatment due to an injury.
Return to Work
After a work-related injury, employers are intended to support the employees return to work if the company employs 20 workers or more, and you have been employed for at least 12 continuous months before your injury. However, special regulations apply to construction workers, seasonal workers, trainees, and temporary help agency workers and contract workers. When the individual is able to perform the essential duties of the job they were doing at the time of injury, the employer must offer re-employment in the same job on the day of the injury or offer a similar role that pays at least 90% of what the individual was earning prior to the injury.
Return-To-Work Process
In Canada, the return-to-work process after an injury is governed by both provincial and federal laws, including workers’ compensation legislation and employment standards. It is important to speak to your employer about next steps in your return to work after receiving treatment for your injury. Employers are required by law to accommodate injured employees otherwise there may be penalties for non-co-operation. Accommodating injured employees may involve modifying duties, providing flexible work arrangements, or facilitating rehabilitation programs. Accommodation is available in all stages of work reintegration. Communication between employers, employees, and healthcare professionals is important throughout this process to ensure a smooth transition back to work while prioritizing the employee’s health and safety. However, employers can only refuse to accommodate an employee if they can show that it would result in undue hardship.
Modified Work
Modified work is changes made to the job and/or to the workplace to facilitate the return to work of an employee with medical restrictions. This allows employees to gradually reintegrate into the workforce while adjusting to their capabilities and limitations. According to the Ontario Human Rights Code, the employer’s obligation to provide accommodations can be fulfilled by offering modified employment. Arrangements may include reduced hours, modified job duties, or temporary assignments that accommodate the employee’s medical limitations. Injured employees can maintain their employment status in collaboration with their employer to identify suitable modifications and facilitate their recovery process in a supportive environment.
Unfair Treatment Following the Return to Work
Unfair treatment from an employer may include discrimination based on injury or disability, such as being denied reasonable accommodations or facing hostility from colleagues. Modified work is necessary if the employee has medical restrictions that cannot allow them to perform the duties of their role prior to the injury. However, an employer might attempt to undermine an employee’s position through demotions, reduced hours, or unjust disciplinary actions, despite their ability to perform essential duties of their job. Unfair treatment violates their rights under employment and disability discrimination laws. If an individual finds themselves being treated unfairly in the workplace post-injury, seeking guidance from an employment lawyer can help them navigate next steps and understand their rights.
What if I am Ready to Return to Work, but my Employer will not let me?
It is essential for injured individuals to be aware of their rights and options under Canadian employment law in cases when they are eager to resume work but face opposition from their employer. An employee’s interest in returning to work if they are medically fit to do so cannot be unjustly denied by an employer, who is legally required to engage in a meaningful accommodation procedure. Seeking guidance from legal professionals or contacting relevant government organizations, such as labour boards or human rights commissions, can assist in resolving conflicts and ensuring compliance with legal obligations in such instances.
My Employer Wants Me to Take a Pay Cut, What Are My Rights?
Proposals to reduce an employee’s wages following an injury can raise concerns about financial stability and fairness. Unless the employment contract states otherwise, employment standards laws in Canada prohibits unilateral changes to an employee’s compensation without their consent. If an employer proposes a pay cut as part of an accommodation plan, the employee must carefully review the terms of the proposal and seek legal guidance to assess its legality and implications. In some cases, negotiation or mediation may be necessary to reach a mutually acceptable resolution.
My Employer Is Pushing Me to Quit, What Should I Do?
Facing pressure to resign from an employer due to an injury can be a stressful experience for individuals who are still slowly recovering from their injuries. However, resigning under pressure may result in the loss of one’s entitlement to benefits, severance pay, and recourse to legal remedies. Employees in Canada are entitled to a fair and respectful work environment, free from harassment and coercion. If an employer’s actions create a hostile work environment or constitute constructive dismissal, affected employees may have grounds for legal action, including wrongful dismissal claims or complaints to labour authorities.
Takeaway
Navigating employment after sustaining an injury can be difficult for individuals due to worries of job security and financial stability. It is essential to understand legal rights, responsibilities, and available recourse mechanisms. By familiarizing themselves with the return-to-work process, exploring options such as modified work arrangements, and seeking legal guidance when faced with disputes or challenges, injured employees can assert their rights, protect their interests, and navigate the intricacies of the employment system. If you relate to any of the above, we encourage you to contact Toronto employment lawyers, Sultan Lawyers, online or by telephone at 416-214-5111 today.