On April 1, 2021, WCB Alberta is implementing changes to legislation. Many Alberta companies are asking what they need to know about Bill 47.
This article will discuss some of the things you should consider when it comes to WCB Alberta’s policy changes.
1.What is Bill 47?
Simply put, it’s a bill that had resulted in legislative changes to the WCB system.
Often when there are legislative changes, this results to changes in policies which can impact how you manage and appeal WCB claims.
2. What Do I Need to Know?
The biggest thing that will impact Alberta business is the Obligation to Reinstate a worker after an injury has been replaced by the Duty to Accommodate.
Essentially, the policy of 2018 is very similar to the one being released on April 1, 2021.
Employers under human rights legislation have had to offer modified duties, accommodations, unless they can show undue hardship for years before 2018.
What happened in 2018, is that WCB Alberta brought these areas into WCB Alberta policy with the goal to facilitate a collaborative approach to return to work.
The new policy: Duty to Cooperate still has these elements within them.
3. How Does Bill 47 Change How I Manage WCB Claims?
It doesn’t!
As an employer, it was always your responsibility to:
- Get the worker medical treatment
- Identify any restrictions and provide modified duties
- If unable to accommodate the worker’s injuries, you need to discuss this with WCB
As a company if you are not making a reasonable attempt to cooperate to bring your worker back to suitable employment…WCB could fine you.
If you have a solid claims management program, you have nothing to worry about when it comes to how you manage WCB claims under Bill 47.
To set up a claims program check out our online course by clicking here.
4. How Should I Report a WCB Claim Under Bill 47?
The same as you always have within the legislated timelines. For employers that’s 72 hours from when you first learn of a potential workplace injury.
5. As a Company…What Are My Responsibilities Under Bill 47?
With a good claims management program you would go through some of these steps:
- Support the worker with early involvement in the claim to aid in recovery
- Provide access to medical assessments and treatments
- Eg. Letting the worker take time during the work day to attend a doctor appointment
- Eg. Letting the worker take time during the work day to attend a doctor appointment
- Provide Modified duties
- Communicate with WCB and the worker to any changes in the return to work plan
- Return the worker to pre-accident duties
6. What are the Worker’s Responsibilities Under Bill 47?
The worker has responsibilities, which again remain similar to previous legislation.
They are:
- A worker should report an injury when they first feel symptoms. They should disclose these symptoms to their employer.
- A worker is supposed to take reasonable steps to reduce wage loss from a work related injury
- Workers need to participate fully in the medical examinations, investigations, and treatment
- Workers need to avoid behavior and actions that can delay recovery.
- Participate in Modified as per the Modified Agreement
7. What is Required by Both the Worker and the Employer under Bill 47?
The following discusses how both parties should behave when going through the WCB process:
Stay in Communication With One Another
This means that on a regular basis you should check in with the worker if they are off work. See how they’re doing, confirm what appointments they have.
A worker should be telling you when there is a change to their situation. One of the main things they should tell you, is if their doctor gives them different work restrictions.
Ask them: Do they have any appointments coming up that are out of the regular?
They should be updating you after each appointment. If they don’t, then you should reach out to them.
Provide WCB with Information
This is obvious. The better information you provide WCB, the better decisions you’ll get on the claim.
Making sure you report things in a timely way ensures the best outcomes for you and your organization.
If a decision is not in your favor, you’ll have an opportunity to address it quickly.
Work Together to Resolve Issues
With any claim you may experience bumps in the road. You’ll disagree on things with the worker.
What Bill 47 is encouraging, is what you would already be doing.
To work together to resolve the issues quickly as they come up. If you can’t then call WCB to find out what options are available to all parties.
A good example is that which is discussed in the video below. Where appointment times could be a disruption and what you can do about it.
Offer and Discuss Modified Duties
Let’s say the worker calls you and tells you that the doctor said they could do light duties, but they are unable to drive as a result of their accident.
It would make sense for you to have a discussion with the worker about identifying ways to overcome this barrier in the return to work.
This is just a small example of this kind of discussion.
Stay Within the Modified Agreement
I get this one quite a bit. A company will call and say that their worker isn’t following the modified work they were given.
What can they do?
Bill 47 encourages workers to stay within the modified duties in the agreement.
If the worker can do more than the prescribed restrictions, than this should be first reviewed by a doctor and medically cleared. A new agreement can then be written.
In the same way, a company needs to ensure it’s not asking their worker to do something outside of their work restrictions.
This is why the agreement is drawn up to protect both parties.
8. What Happens If a Worker or Employer Fails to Cooperate Under Bill 47?
If either the worker or the employer don’t hold up their end of the bargain, WCB will investigate first to see why not.
They want to see is it reasonable for either party to not meet their obligation. Is everyone acting in good faith?
Meaning: are we acting honestly?
If they find that this is NOT the case. The WCB could reduce benefits to the worker or the employer may face potential fines from WCB.
9. How Can I Make Sure I am Complying With Bill 47?
Simple!
Have a claims management program in your company. Too often prospective clients I talk to say:
“We don’t have a claim right now.”
This is exactly the time you want to start putting in a WCB claims management program in your company!
When things are calm and relaxed. Not when crap hits the fan!
A WCB Claims Management Program will make sure that everyone knows what to do in case of a potential WCB claim.
It clarifies responsibilities and expectations from all parties.
This is important because it means that you can hold one another accountable. Which is exactly what WCB Alberta is suggesting with Bill 47.
Lastly, a claims management program allows you to work collaboratively to achieve results you want.
Which is to mitigate the claims costs on the file and have your worker back to work and providing for themselves and their family.
A WCB claim is a disruption that nobody wants. It impacts the worker, and it impacts your business.
The faster that worker recovers, the faster all parties can return to a positive way of life.
10. I Don’t Have A WCB Claims Management Program. How Can I Get One?
We provide many different options for setting up a WCB Claims Management Program in your company.
If you would like us to review your WCB Claims Management Program as it relates to Bill 47, just CONTACT US and let us know what you’re looking for.
If you want to set up a program yourself, our online course: How to Set-Up a Solid WCB Claims Management Program in Your Company will walk you through each critical step.
We’re here to help you!