by Tracy Slywka, Injury Solutions Canada Tracy Slywka, Injury Solutions Canada

The Landscape of Return to Work

Working from home: A silver lining to the COVID-19 pandemic?

Thanks to COVID-19, the landscape of work has forever changed. Unfortunately, employers had to make a quick decision regarding how to keep their employees working throughout the pandemic. What was once thought impossible for many employers became a reality and it changed how we view the traditional sense of the working environment. We used to think that to go to work, one had to go to a physical location with bricks and mortar. For most of us, the pandemic meant we were working from home. One thing the pandemic has taught us is that the definition of “work” must change. The landscape of work was already slowly starting to change. For some employers, this meant an immediate transition to working from home. Once what was thought unimaginable was now suddenly the norm for most employers and employees. For employers with an injured worker, the pandemic gave support to what employers have long been lobbying for, which was that an injured worker could work from home.

In the past, the Saskatchewan Workers’ Compensation Board (WCB) was less than enthused about employers offering their injured employee a “work from home” option. The WCB thought that this was a cover up for employers to skirt their obligation of return to work. The way of thinking in the past was that a worker working from home could not possibly do meaningful work from home; well, the pandemic has shown us otherwise!

Photo: Vadim Guzhva/123RF

For many employers, having an injured employee work from home was a great option, especially if the injured worker’s restrictions excluded them from many jobs in the workplace.

The WCB Act, 2013 states, “An employer must have a return to work program.” Returning an employee back to work can sometimes be challenging, especially for smaller employers. For many employers, having an injured employee work from home was a great option, especially if the injured worker’s restrictions excluded them from many jobs in the workplace. Quite often, working from home allows employees more flexibility to take frequent rest breaks but still allows them to be engaged in the workplace and make a valuable contribution to their employer. I think WCB needs to change their definition of what return to work should look like and recognize that working from home is a great option. The pandemic has taught us that working from home is a real option, as many of us had to work from home since March of last year. WBC itself had its employees working from home.

Having an injured worker working from home may not work for all employers, but it is another option for employers. The possibilities are endless when having someone working from home. There is a lot of choice out there for online safety modules and classes on various topics. The safety associations in Saskatchewan are also a good choice for options for training in person and online. Employees can upgrade their safety qualifications online, and there are many options for this, as well. MSDS sheets are available online for updates.

Zoom, Webex and Microsoft Teams make it possible to attend work meetings via video and connect with the workplace. Technology is a fabulous way to help workers stay connected to the workplace. It is so important to keep employees engaged as it helps with the transition back into the workplace. Studies have shown the longer an employee is away from the workplace, the less likely they are to return. It is so important to have flexible work options to help lessen the burden of work injuries while enabling employees to remain connected to the workplace. COVID-19 has taught us that working from home is possible and it may have forever changed the landscape of the work environment. 

Worker holding his back with painful expression
by Tracy Slywka, Injury Solutions Canada Tracy Slywka, Injury Solutions Canada

WCB Claims and Seasonal Layoffs

I often get asked what an employer should do if they are laying off a worker and they are currently are on a Workers’ Compensation Board (WCB) claim. The reality is that the heavy construction industry, for the most part, is a seasonal industry. Most companies lay off their workers at the end of the season and then re-hire people in the spring again. What people do in their layoff time varies from collecting employment insurance to working for another industry or maybe they vacation somewhere warmer. It varies from worker to worker.

If a worker on a WCB claim when the normal season layoff comes it can be a real pain for employers. The real issue is the worker is not medically fit to return to work, the WCB may pay them if the injury and layoff would preclude them from working somewhere else during the layoff period.

An example of this is Sam’s case. Sam works in the heavy construction industry driving heavy equipment until layoff but was injured at work. In the wintertime, Sam works doing snow removal for another company but due to his injury, this year during layoff cannot do his snow removal job. Sam’s wages would continue to be paid by the WCB unless the employer can find a job for Sam to do until he is fully recovered. Where possible, it is in the employer’s best interest to keep workers employed so the employer isn’t incurring WCB costs for the claim during layoff. Keeping people employed during a layoff season is not always possible for some employers, but if possible, it is a way to reduce WCB costs.

If you are able or can find something for an injured worker to do during layoff, it can be financially beneficial to keep that person working as long as possible to reduce your WCB costs.

In the past, if a worker was on WCB they would often make more than they would working their normal season in a seasonal industry. The Saskatchewan WCB brought in Section 70, recognizing that some workers were making more on WCB than they normally would make in a year. Section 70 states that a review will take place within 24 weeks of the claim’s acceptance to review the wage loss to see what that person would normally make in 52 weeks. If the person only ever works 26 weeks a year, then their WCB wage loss should reflect that and their wage loss may stay the same or get reduced. All claims are reviewed at the WCB for Section 70.4.

It is good to remember any cost that is put through the Saskatchewan WCB will affect an employer’s WCB premiums. In simple terms, less WCB costs equals less WCB premiums. If you are able or can find something for an injured worker to do during layoff, it can be financially beneficial to keep that person working as long as possible to reduce your WCB costs. I recognize that it may require some creative thinking to come up with some ideas for jobs during a layoff period, but it is worth it financially! Ideally, you hope you never have an injured worker still on the books during the seasonal layoff time, but sometimes it cannot be helped and you may have to bite the bullet and find something for them to do and hope it is short term.

WCB policies that can be referred to for more information are POL02/2018: Benefits Return to Work Interrupted; and Section 70.4: establishing a wage-base for seasonal workers.