Yukon Workers' Compensation Health and Safety Board

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Policies

Policy RE-05 - Alternative Employment Comparable to Pre-Injury Employment

Effective Dates

July 1, 2012 and still in effect

Series

Return to Work

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 “Act”) 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 addresses the obligation of an employer who has a re-employment obligation to provide a worker with alternative work/employment of a nature and at earnings comparable to the worker’s pre-injury employment.