Re-Employment Penalties and Payments

Re-Employment Penalties and Payments

Effective Dates

December 31, 2010 - June 30, 2012

Policy Code

RE-07-2

General Information

Return to work is a proactive approach to helping injured workers return to safe and productive work activities as soon as it is physically possible. It is a partnership involving employers, workers, health care providers, unions (where applicable) and the Yukon Workers' Compensation Health and Safety Board (YWCHSB). Section 41 of the Workers' Compensation Act, S.Y. 2008 (the "Ace') sets out a new re-employment obligation that applies to certain employers. An employer who regularly employs 20 or more workers is obligated to re-employ an injured worker if that injured worker has been employed continuously with that employer for at least one year prior to the work-related injury, in accordance with the various provisions set out in section 41. These provisions apply to injuries occurring on or after January 1, 2011.

Purpose

This policy provides direction to employers and assists workers in understanding their obligations and role in the re-employment process.

This policy explains the penalty provisions set out in sections 41 (14) and (15) of the Act for employer non-compliance with their re-employment obligations under section 41 as well as the applicable penalty provisions under section 40 for employer non-cooperation in the duty to co-operate in return to work (see YWHCSB policy RE-02-2, "Duty to Co-operate, Part 4 of 4: Penalties for Non Cooperation").

Loss of Earnings Benefits

June 30, 2008 - June 30, 2012 | EL-01 | Earnings Loss

Merits and Justice of the Case

June 30, 2008 - December 16, 2013 | EN-02 | Entitlement

Return to Work - Overview

December 31, 2009 - June 30, 2012 | RE-01 | Return to Work

Duty to Co-Operate, Part 1 of 4: Early and Safe Return to Work Plans

December 31, 2009 - June 30, 2012 | RE-02-1 | Return to Work

Duty to Co-Operate, Part 2 of 4: Roles and Responsibilities

December 31, 2009 - June 30, 2012 | RE-02-2 | Return to Work

Duty to Co-Operate, Part 3 of 4: Functional Abilities

December 31, 2009 - June 30, 2012 | RE-02-3 | Return to Work

Duty to Co-Operate, Part 4 of 4: Penalities for Non Co-Operation

December 31, 2009 - June 30, 2012 | RE-02-4 | Return to Work

Mitigation of Loss

December 31, 2009 - June 30, 2012 | RE-03 | Return to Work

Employer's Obligation to Re-Employ - Overview

December 31, 2010 - June 30, 2012 | RE-04 | Return to Work

Alternative Employment Comparable to Pre-injury Employment

December 31, 2010 - June 30, 2012 | RE-05 | Return to Work

Accommodating Work or a Workplace

December 31, 2010 - June 30, 2012 | RE-06 | Return to Work

Compliance with the Re-Employment Obligation

December 31, 2010 - June 30, 2012 | RE-07-1 | Return to Work

Termination After Re-Employment

December 31, 2010 - June 30, 2012 | RE-07-3 | Return to Work

Re-Employment Provisions of Collective Agreements

December 31, 2010 - June 30, 2012 | RE-08 | Return to Work

Relocation of Injured Workers

June 30, 2008 - June 30, 2012 | RE-09 | Return to Work

Vocational Rehabilitation

December 31, 2009 - June 30, 2012 | RE-10 | Return to Work

Vocational and Academic Assistance for Surviving Spouse

June 30, 2008 - June 30, 2012 | RE-11 | Return to Work

Employment Readiness

December 31, 2009 - June 30, 2012 | RE-12 | Return to Work

Determining Suitable Employment & Earnings Capacity Loss

June 30, 2008 - June 30, 2012 | RE-13 | Return to Work