Acts and Regulations

W-13 - Workers’ Compensation Act

Section 42.1
Disposition versions

Full text
Employer’s duty when worker suffers personal injury by accident
Repealed: 2019, c.39, s.9
2019, c.39, s.9
42.1Repealed: 2019, c.39, s.10
1989, c.65, s.16; 1994, c.70, s.12; 2019, c.39, s.10
Employer’s duty when worker suffers personal injury by accident
42.1(1)In this section
“establishment” means a place or places at or in which all or any part of a business or undertaking of an employer is or has been carried on;(établissement)
“suitable employment” means appropriate employment that a worker who suffered a personal injury by accident is capable of doing, considering the worker’s physical abilities and employment qualifications and which does not endanger the health, safety or physical well-being of the worker.(emploi convenable)
42.1(2)No employer shall dismiss, suspend, lay off, penalize, discipline or discriminate against a worker because the worker suffered a personal injury by accident in respect of which the worker is, in the opinion of the Commission, entitled to make application for compensation under this Part, from the date of the personal injury
(a) to the date the Commission renders its decision with respect to the application for compensation, or
(b) where the employer is bound by the requirements of subsection (3) or (5), to the date the employer is no longer bound by those requirements,
whichever is later.
42.1(3)Subject to subsection (6), where a worker, other than one doing construction work in the construction industry,
(a) suffered a personal injury by accident in respect of which the worker was entitled to compensation under this Part,
(b) had been, on the commencement of a period in which the worker was entitled to compensation under this Part with respect to that personal injury, employed by the employer for a period of at least one year, and
(c) is, in the opinion of the Commission, able to resume work,
the employer shall
(d) permit the worker to resume work in the position the worker held immediately before the commencement of the period in respect of which the worker was entitled to compensation under this Part or in an equivalent position, with no decrease in pay and with no loss of seniority or benefits accrued up to the commencement of that period, or
(e) if, in the opinion of the Commission, the worker is unfit for a position within the meaning of paragraph (d) permit the worker to resume work in suitable employment that may become available with the employer with no loss of seniority or benefits accrued up to the commencement of the period referred to in paragraph (d).
42.1(4)Where a worker who is permitted to resume work in accordance with paragraph (3)(d) or (e), as the case may be, refuses to do so, the employer is no longer bound by the requirements under that paragraph.
42.1(5)Subject to subsection (6) where a worker doing construction work in the construction industry
(a) suffered a personal injury by accident in respect of which the worker was entitled to compensation under this Part, and
(b) is, in the opinion of the Commission, able to resume work,
the employer shall permit the worker to resume work in the position the worker held immediately before the commencement of the period in which the worker was entitled to compensation under this Part with respect to that personal injury, subject to the rules and practices respecting hiring and placement in the worker’s trade, if any, and if the construction project and the position exist at the time the worker is able to resume work.
42.1(6)An employer is bound by the requirements under subsection (3) or (5), as the case may be,
(a) for a period of one year after the commencement of the period in which the worker was entitled to compensation under this Part where the worker was employed in an establishment numbering ten but fewer than twenty workers on the commencement of that period, or
(b) for a period of two years after the commencement of the period in which the worker was entitled to compensation under this Part where the worker was employed in an establishment numbering twenty or more workers on the commencement of that period.
42.1(7)Where there is a conflict between this section and a provision of a collective agreement that is binding on the employer or the policies and practices of the employer that apply to the worker and this section affords the worker greater rights than those available to the worker under the collective agreement or in accordance with the policies and practices of the employer, this section prevails.
1989, c.65, s.16; 1994, c.70, s.12
Employer’s duty when worker suffers personal injury by accident
42.1(1)In this section
“establishment” means a place or places at or in which all or any part of a business or undertaking of an employer is or has been carried on;
“suitable employment” means appropriate employment that a worker who suffered a personal injury by accident is capable of doing, considering the worker’s physical abilities and employment qualifications and which does not endanger the health, safety or physical well-being of the worker.
42.1(2)No employer shall dismiss, suspend, lay off, penalize, discipline or discriminate against a worker because the worker suffered a personal injury by accident in respect of which the worker is, in the opinion of the Commission, entitled to make application for compensation under this Part, from the date of the personal injury
(a) to the date the Commission renders its decision with respect to the application for compensation, or
(b) where the employer is bound by the requirements of subsection (3) or (5), to the date the employer is no longer bound by those requirements,
whichever is later.
42.1(3)Subject to subsection (6), where a worker, other than one doing construction work in the construction industry,
(a) suffered a personal injury by accident in respect of which the worker was entitled to compensation under this Part,
(b) had been, on the commencement of a period in which the worker was entitled to compensation under this Part with respect to that personal injury, employed by the employer for a period of at least one year, and
(c) is, in the opinion of the Commission, able to resume work,
the employer shall
(d) permit the worker to resume work in the position the worker held immediately before the commencement of the period in respect of which the worker was entitled to compensation under this Part or in an equivalent position, with no decrease in pay and with no loss of seniority or benefits accrued up to the commencement of that period, or
(e) if, in the opinion of the Commission, the worker is unfit for a position within the meaning of paragraph (d), permit the worker to resume work in suitable employment that may become available with the employer with no loss of seniority or benefits accrued up to the commencement of the period referred to in paragraph (d).
42.1(4)Where a worker who is permitted to resume work in accordance with paragraph (3)(d) or (e), as the case may be, refuses to do so, the employer is no longer bound by the requirements under that paragraph.
42.1(5)Subject to subsection (6) where a worker doing construction work in the construction industry
(a) suffered a personal injury by accident in respect of which the worker was entitled to compensation under this Part, and
(b) is, in the opinion of the Commission, able to resume work,
the employer shall permit the worker to resume work in the position the worker held immediately before the commencement of the period in which the worker was entitled to compensation under this Part with respect to that personal injury, subject to the rules and practices respecting hiring and placement in the worker’s trade, if any, and if the construction project and the position exist at the time the worker is able to resume work.
42.1(6)An employer is bound by the requirements under subsection (3) or (5), as the case may be,
(a) for a period of one year after the commencement of the period in which the worker was entitled to compensation under this Part where the worker was employed in an establishment numbering ten but fewer than twenty workers on the commencement of that period, or
(b) for a period of two years after the commencement of the period in which the worker was entitled to compensation under this Part where the worker was employed in an establishment numbering twenty or more workers on the commencement of that period.
42.1(7)Where there is a conflict between this section and a provision of a collective agreement that is binding on the employer or the policies and practices of the employer that apply to the worker and this section affords the worker greater rights than those available to the worker under the collective agreement or in accordance with the policies and practices of the employer, this section prevails.
1989, c.65, s.16; 1994, c.70, s.12