Workplace Injuries
When this happens, health and safety laws & workers’ compensation provisions are relevant considerations.
What is a workplace injury?
A process to enable an ill or injured worker to go back to work.
What is a Return to Work plan or program?
This legislation includes a specific requirement of employers to accommodate individual workers up to the point of undue hardship (section 15(2)).
What is the Canadian Human Rights Act?
Should be completed by the medical practitioner who is best placed to understand the medical condition of the returning worker
What is a medical assessment?
Limited to cost, health and safety under the Canadian Human Rights Act.
What is undue hardship?
The worker should inform his/her supervisor as well as the union representative (preferably a health and safety officer).
What is the first step a worker should take if s/he is injured at work?
This is needed in order to develop a Return to Work program.
What is pertinent medical information?
Covers the federal sector and certain federal contractors and states that employment equity plans must include positive policies and practices for the accommodation of those belonging to the designated groups.
What is the Employment Equity Act?
Accommodation needs and any limitations or restrictions.
What type medical information does the employee have to disclose for accommodation?
A firefighter who filed a grievance alleging discrimination on the basis of gender which went to the Supreme Court of Canada.
Who is Tawney Meiorin?
A worker’s compensation claim is filed after an accident report from the employer, the doctor’s report and this form is filled out.
What is a Workers’ Report of Accident form?
Ensure that tasks and duties assigned to the worker are meaningful and productive and have value for the worker and employer.
What is the goal of a return to work plan or program?
Outlines the prohibited grounds of discrimination.
What is the Canadian Human Rights Act?
The best source of medical information.
What is the employee's treating physician or family doctor?
When an employer can show that there are specific requirements that every individual performing a specific job must meet because they are essential to the effective and safe performance of the job.
What is a bona fide occupational requirement?
An injured worker may want to apply for this at the same time as applying for workers’ compensation.
What is disability insurance?
1) same job; (2) modified job; (3) different job-same workplace; (4) similar job-different workplace; (5) different job-different workplace.
What is the a hierarchy of return to work options?
Covers federal public service workers and sets out a time-limited priority for workers who develop disabilities in order to facilitate their reintegration and return to work.
What is the Public Service Employment Regulations?
You do not have to provide an employer with this in order to be accommodated in the workplace.
What is a diagnosis?
A physical or mental condition that is permanent, ongoing, episodic or of some persistence, and is a substantial or significant limit on an individual's ability to carry out some of life's important functions or activities, such as employment.
What is a disability?
The injured worker has the right to do this in prescribed time limits if their workers’ compensation claim is not approved.
What is workers’ compensation appeal?
These are key to return to work programs.
What are individual assessments?
Covers other workers under federal jurisdictions and provides wage protection, workplace hazards, and return-to-work provisions for workers injured on the job.
What is the Canada Labour Code?
Human rights case law is clear that an employer cannot discipline a worker in this situation unless there is specific language in the collective agreement.
What is refuse to submit to an employer’s own medical assessor.
Managers, functional specialists (e.g., facilities, information technology, human resources/labour relations, occupational safety and health, compensation, legal services, Employee Assistance Program (EAP)), the employee representative, and the employee requesting the accommodation.
Who are key players in the accommodation process?