Return to Work: A Shared Responsibility

Together, we will prevent workplace injuries, illness, death, and disability. - WorkSafeNB’s Strategic Plan 2025-2029

The Duty to Cooperate 

Prevention of disability is defined as helping injured workers recover at work when possible, keeping them involved and productive to help prevent disability. Recovery is a team effort. When everyone stays connected, outcomes improve, for the worker, the employer, and the workplace. 

In December 2019, the Provincial Government amended the Worker’s Compensation Act (Bill 27with a goal to reinforce return-to-work by strengthening the employer’s obligation to re-employ and the worker and employer’s responsibilities to cooperate in early and safe return to work. 

What is the Duty to Cooperate? 

If you are an employer in New Brunswick and a worker has a work-related claim, both you and the worker must cooperate and support re-employment. This means staying in touch, sharing information, and working together, with each other and with WorkSafeNB, to help the worker recover and return to work safely and as soon as possible. 

The employer and the worker expect are expected to communicate through the claim, as appropriate. This involves promptly contacting each other after the injury and continuing to share information about the workers abilities and return to work options.  

Returning worker to work as soon as it is safe to do so can minimize the injury’s impact on them. It also minimizes disruption to your business as you retain the workers skills and experience. The duty to cooperate helps ensure success for both the employer and the worker. 

Why it Matters

Recovery at work is often more effective than recovery away from work. After 6 months off, the chance of returning drops to 50%. After 2 years, it’s less than 5 per cent. (Source: Loisel & Anema) 

Employer Responsibilities

Employer Responsibilities

Returning to work after an injury isn’t just a legal requirement, it’s a shared opportunity to support recovery, maintain productivity, and prevent long-term disability. 

  • Contact the worker as soon as possible after the injury or illness occurs  
  • Offer the worker suitable work, including any necessary accommodations  
  • Maintain communication throughout the period of the workers recovery and the return-to-work process   
  • Cooperate with any WorkSafeNB sanction program for returning to work  
  • Identify and make available suitable work that is safe productive within the workers functional abilities and consistent with their skills and competences  
  • Provide WorkSafeNB with information about the workers return to work  
  • Not discriminate against worker because the worker suffered an injury by accident  

Why It Matters

  • Reduce turnover
  •  Reduces hiring and training costs 
  • Maintain productivity 
  • Lower workers’ compensation costs 
  • Fulfills legislative requirements 

How can this impact my assessment rate? 

Collaborating for safe and early return to work is the right thing for workers, employers, and the bottom line. Providing suitable work reduces claims costs, benefits recovery, and can lower what you pay in assessments. Claim cost is one of the most important variables in determining your assessment rate.  Any opportunity you have to reduce your costs, especially by accommodating your injured workers back to work, can have a favorable impact on your rate.

What happens if the employer does not cooperate? 

Ensuring a smooth return to work is not only the right thing to do, but also your legal responsibility. Cooperation and collaboration between all parties involved are essential. By working together, employers and injured workers can create a supportive environment that benefits everyone. While the law provides the ability to administer penalties when employers do not cooperate with their stay at work, return-to-work obligations, our approach is to coach, educate and support New Brunswick Employers to meet their obligation. 

Worker Responsibilities

Worker Responsibilities

Returning to work after an injury isn’t just a legal requirement, it’s a shared opportunity to support recovery, maintain productivity, and prevent long-term disability. 

  • Contact you their employer as soon as possible after the injury or illness occurs   
  • Cooperate with the employer when the employer is attempting to provide suitable work  
  • Maintain communication throughout the period of recovery and impairment  
  • Cooperate with any WorkSafeNB sanction program for returning to work  
  • Give WorkSafeNB any information requested concerning the injured workers return to work  

Why it Matters

  • Improved physical and mental health 

  • Provides individual identity 

  • Provides purpose and meaning 
  • Opportunity for social exchanges 
  • Provides financial means 

What happens if the worker doesn't cooperate?

If the worker doesn't cooperate in the return-to-work process, the employers first step is to contact WorkSafeNB. We will clarify everyone's responsibilities find out why the worker isn't cooperating and work toward solutions. If we determine that a worker has unreasonably refused an offer of suitable work their wage loss benefits may be reduced or suspended.

Questions?

Reach out to your assigned case manager. If your claim has not yet been assigned, call our enquiries team at 1 800 999-9775 and they will guide you to the right resource. 

WorkSafeNB is your partner in successful return-to-work

WorkSafeNB is your partner in successful return-to-work

Return-to-work is a shared responsibility. Reach out for help or guidance.

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