Policy
WorkSafeNB provides a range of services aimed at the injured worker’s medical recovery and return to work goals. Depending on the injured worker’s eligibility, these services may consist of medical aid, financial assistance, and return to work services. These services are coordinated through a rehabilitation plan that WorkSafeNB develops in consultation with the injured worker, the accident employer, health care providers, and other parties involved, such as unions.
WorkSafeNB develops these rehabilitation plans with the overall goal to help injured workers achieve:
- Pre-accident functional capacity and a return to pre-accident employment, if possible; or
- Medical recovery sufficient to enable them to return to suitable work with the accident employer as soon as is medically possible. See Policy 21-417 Suitable Work and Suitable Occupation.
Only services that WorkSafeNB determines are appropriate will be included in the rehabilitation plan. Further, if WorkSafeNB determines that significant improvement in function is not expected from a rehabilitation service, WorkSafeNB will not approve it and it will not be included in the plan.
WorkSafeNB provides oversight of the rehabilitation process by monitoring, evaluating and then adjusting the rehabilitation plan to reflect the injured worker’s progress.
If the accident employer is unable to accommodate the injured worker, WorkSafeNB provides workforce re-entry services to help the injured worker return to work in a suitable occupation. See Policy 21-417 Suitable Work and Suitable Occupation.
For those injured workers that are severely injured, WorkSafeNB provides services which focus on independent living to the extent possible, given the compensable injury. Please see Policy 21-402 Vehicle Modifications, Policy 21-403 Home Modifications to Assist with Functional Access, and Policy 25-003 Home Care and Independence.
Interpretation
- WorkSafeNB determines if medical aid and/or return to work services are appropriate for an injured worker’s rehabilitation by:
- Considering whether the injured worker’s medical condition has reached a plateau and if further medical aid would provide a significant improvement in function; and
- Evaluating whether medical aid and return to work activities are cost effective.
- WorkSafeNB develops a rehabilitation plan that is flexible so timing of interventions of medical aid and return to work activities can vary according to the injured worker’s medical condition and rate of recovery. This is achieved in a number of ways including:
- In the period immediately following an injury, WorkSafeNB works closely with health care providers to provide immediate treatment and primary care needed for the injury or illness and to confirm a diagnosis;
- When an injured worker is unable to stay at work following a workplace injury, return to work activities focus on facilitating early and safe return to work with the accident employer. In keeping with the employer’s legislated obligations, the injured worker may return to their pre-accident employment or, alternatively, return to suitable work with the accident employer. This may include gradual or modified return to work programs on a time-limited basis, as well as communicating with the accident employer to ensure any necessary accommodations are in place; and
- When injuries are severe or complex, or if the injured worker has not returned to work within the disability duration guidelines, WorkSafeNB works with health care providers, employers, and return to work specialists, as needed, to provide treatment or specialized therapy, such as work conditioning, to restore function.
- WorkSafeNB regularly evaluates the effectiveness of the medical, financial, and return to work aspects of the rehabilitation plan. Through this review, it may also be determined whether or not the accident employer, and/or injured worker are meeting their legislative re-employment obligations. As a result of the on-going evaluation of the plan, WorkSafeNB may adjust or end the plan, communicating any changes to all parties.
Workforce Re-entry Services
- The focus of workforce re-entry services is to determine an injured worker’s level of employability by identifying their skills, skill gaps, potential employment options and goals. It may identify cost-effective employment options that the injured worker could become capable of performing through skill development methods, such as job exposure, training on the job, academic upgrading, and/or formal skills training.
- As the workforce re-entry services nears completion, WorkSafeNB may assist injured workers in developing skills, such as resume preparation and job interview skills, to increase success in attaining employment. However, provision of these services does not guarantee that an injured worker will secure employment at the conclusion of the plan.
- WorkSafeNB may provide injured workers with a minimum of six weeks to a maximum of thirteen weeks of job search assistance while receiving loss of earnings benefits for this period. Once the workforce re-entry services are completed, or the services come to an end, WorkSafeNB calculates the injured worker’s loss of earnings, including the estimated earning capacity.
Participation in Rehabilitation
- Accident employers must take an active role in planning and managing injured workers’ return to work activities and fulfil their legislative obligations to re-employ injured workers and accommodate an injured worker’s disability.
- Injured workers must actively engage, participate and cooperate in medical treatment and safe return to work activities. This obligation includes accepting suitable work with the accident employer, or participating in workforce re-entry services aimed at preparing the worker to return to work in a suitable occupation with an alternate employer, once WorkSafeNB has determined the injured worker to be capable of returning to work.
- Rehabilitation, which includes the services of medical aid, financial assistance, and return to work services, may be brought to an end or suspended, either wholly or partly, at any time when:
- Evidence indicates that the injury no longer prevents the injured worker from safely resuming pre-accident work activities;
- The injury has reached a medical plateau and WorkSafeNB determines the injured worker’s estimated capable earnings;
- The workforce re-entry plan is completed or discontinued;
- The injured worker does not cooperate in any part of the rehabilitation plan, including failing to attend or participate in a medical examination or medical treatment;
- The injured worker does not cooperate in their own early and safe return to work; or
- The injured worker is no longer eligible for loss of earnings benefits.
Workers’ Compensation Act (RSNB 1973, c W-13)
34, 38.101, 38.11, 38.2, 41(1), 41(2), 41(3), 41(10), 41.2, 42.4, 42.5, 42.6, 43
Disability duration – that interval of time, following an injury or surgery, after which 70-75% of persons are able to return to work.
Return to work – the act of re-introducing injured workers to safe and productive employment that eliminates or minimizes wage loss, as soon as medically possible.
Suitable occupation – an occupation which is consistent with the worker’s physical and cognitive ability, employment qualifications, reasonably exists in the labour market, and may reflect any sponsored training done as part of the worker’s rehabilitation.
Suitable work – appropriate work that a worker who suffered an injury by accident is capable of doing, considering the worker’s functional abilities and employment qualifications and that does not endanger the health, safety or well-being of the worker. (WC Act)
