Modified work

Prepare to contact the worker and employer to negotiate modified work by reviewing the claim information available. If modified work is already being performed determine what additional information should be gathered.

Review the pre-accident job duties, physical demands analysis (if available), psychological job demands (if applicable) and the worker’s medical information to determine their current fitness level and what work restrictions may be anticipated. Research the employer’s industry and/or website to gain an understanding of the business and modified work opportunities. Consider return-to-work barriers and solutions. Prepare possible modified work ideas to discuss with the worker and employer.

If the worker is self-employed, consider the information in the Self-employed workers section to prepare for the modified work discussion.

Determine if obligation to reinstate applies to the claim (work-related accident occurred on or after September 1, 2018, up to and including March 31, 2021).

Call the worker to explore modified work opportunities. Educate them on their responsibilities in returning to employment and their duty to cooperate, including the importance and benefits of maintaining regular contact with their employer.

Listen to their concerns and ask the right questions to gain information regarding the injury, medical treatment plan, work status and modified work opportunities. If modified work is not available, ask the worker:

• How are you progressing in your recovery with your current treatment? What has your treatment provider said you are capable of doing?
• How long have you been working for the company? Have you worked for your employer for 12 continuous months? When were you hired? Are you a full-time/part-time/casual or seasonal employee?
• Are you still employed with your date-of-accident employer? If not, why not (for example, termination, seasonal lay off, etc.)? Ask, the worker if they would return to modified work if offered by the employer? (In cases of termination, the worker may not be obligated to accept the modified work offer).
• Does your employer have modified work available? If so, what type of duties are available (description)? Has modified work been offered to you? Was it offered in writing? What is the actual or expected start date? Did you accept the offer? If not, why?
• Are you able to do any or all of your job on a part-time basis? What activities are you able to do at home right now? Do you drive? What light chores are you doing around the house? Could the chores or driving be a modified work opportunity at the jobsite? Are there any tools or equipment that would help you perform some of your job duties?
• When do you think you will be able to return to work?
• Do you have a union representative that should be part of our discussions?
• Is there anything that would help support your return to work?

When the worker is self-employed, consider additional information in the Self-employed workers section to assist with modified work negotiation.

Ask the worker to prepare for their return to modified duties and follow-up with them biweekly to confirm what they completed. Some ideas include:

• Regular weekly contact with their employer.
• Visit the jobsite to stay connected with co-workers and keep up to date with changes.
• Identify two or three tasks from their job that they could do.
• Identify two or three tasks that may be helpful to the company (outside their regular duties, for example office work, job site clean-up, updating safety manuals or other manuals).
• Meet with their employer to discuss modified work ideas and have these available for the next follow-up discussion.
• Discuss their work capabilities with their physician and which duties they could reasonably manage.
• Identify ideas for resolving barriers that have come up.

If the worker identified barriers (for example, travel, childcare, location, hours, pay, English skills, etc.) to a return to modified duties, collaborate with them to resolve the barriers.

Call the employer to explore available modified work options, discuss the options for modified work that were generated by the worker, brainstorm ideas for possible modified work, and request any other details required. Modified work duties must be available for a minimum of five hours per week to be considered suitable.

Educate the employer about their responsibilities to return the worker to employment and their duty to cooperate. Confirm if the worker is still employed with the company, their date of hire and pre-accident job duties.

If the worker’s employment was terminated, find out why (e.g., seasonal lay off, performance issues, etc.). Confirm if the employer is willing to offer modified work.

Discuss the worker’s capabilities outlined by the worker’s treatment providers (e.g., treating physician, physiotherapist, etc.). Use the capabilities to develop a modified work plan based on the modified work the employer has available now and in the future as the worker’s capabilities increase. If the worker has expressed any concerns, discuss and attempt to resolve them with the employer.

Worker has already returned to modified duties or modified duties have been offered.

If the worker is already working modified duties, ask the following:

• What modified work duties were offered? (i.e., job description or physical demands analysis).
• Was the modified work offered in writing? If so, ask for a copy of the modified work agreement. If not, ask the employer to complete one and submit it.
• What is the rate of pay? Will you pay the worker the same rate as their date-of-accident salary?
• What is the actual or expected start date?

Continue to Step 6 to confirm suitability of the modified duties and communicate the decision in writing.

When modified work is negotiated for a future date, communicate the discussion in writing. When the worker becomes fit for work, review the suitability of the modified duties.

The employer has not offered modified work

If the employer has not yet offered modified work, offer ideas and negotiate modified work. Identify possible barriers that may interfere with modified work (e.g., travel, location of modified work, childcare, etc.) and discuss solutions for removing them.

Discuss services to help with developing a modified return-to-work plan (e.g., return to work planning meeting, ergonomic assessment, industry support consult, etc.).

When a return-to-modified-work plan is negotiated, obtain the information as outlined above in the section entitled “Worker has already returned to modified duties or modified duties have been offered.”

If modified work is not available, communicate the modified work options that were discussed with the employer in writing for future reference.

Ask the employer to prepare for the worker’s return to modified duties and follow up with them regularly to confirm what they completed. Some ideas include:

• For the next follow-up discussion, ask the employer to consider it as the day the worker will return to work. Ask the employer, “If you had an extra set of hands, what would you get them to do?” or “If I gave you a worker for free, what could they do?”
• Review the worker’s job description and identify a few tasks the worker could do for modified work.
• Have you had anyone perform modified work before? What did it include?
• Consider available tools or equipment that could be provided which would allow the worker to do a portion of their duties.
• Check other areas or locations within the company where assistance is needed. Consider the worker’s experience and skills to identify other areas the worker could work.
• Check if the worker requires any updated or short-term training to help with the return to modified work.
• Whether the worker could assist with training or coaching new employees, help with orientation, work as a floater.
• Present the modified work ideas to the worker in writing and ask that the worker discuss the options with their treatment provider.
• Consider a return-to-work planning meeting or an industry specialist referralAn industry specialist can help the employer to understand the implications of claim costs and to assist with identifying modified work options. when the modified work discussions are not progressing towards a return to work.

If the employer offers modified work but is unable to pay the worker (e.g., Not-for-Profit organizations), the modified work should not be authorized. While volunteering can be a useful return-to-work tool and may be encouraged when dealing with a severely injured/special care worker, unpaid modified work with an employer that is struggling financially is not a viable long term solution. 

However, if the employer cannot pay the worker, the modified work can be approved on a short-term basis if it is likely to lead to paid employment or will be beneficial to the worker by keeping them engaged and active in the workplace (e.g., a school position where they might not have funding for an additional staff member).

If medical information is needed to determine the worker's fitness for modified work or agreement is required for the proposed modified work plan, call the treatment provider or send a request in writing.

If modified work is not available or if assistance is needed to develop the modified work plan, consider what assessment(s) would be helpful (such as return to work planning meeting, medical and/or ergonomic assessments, etc.).

Contact the worker and employer to advise them of the pending referral(s) and confirm their participation, if not previously discussed.

Make the appropriate referrals as needed.

Refer the claim to an industry specialist for assistance when:

• There is difficulty reaching the employer
• The employer is not cooperative
• A multi-service provider approach is required as suitable modified work has not yet been identified.

Review the information gathered from the worker, treatment provider(s), employer, industry specialist and providers (as applicable).

Determine if modified work is suitableSee Policy 04-05, Part II, Application 4 - Temporary Modified Work Programs [PDF, 0.19MB].. Consider whether the modified work (if available) accommodates the worker’s work restrictions, is meaningful to the employer’s operations, pays at least the current minimum wage, is available for at least five hours per week with a plan to progress the worker to full duties, etc.

When modified work is negotiated for a future date and the worker becomes fit to participate in the modified work plan, confirm the duties are suitable. Communicate the details of the modified work agreement as outlined in step 7.

Contact the worker and employer to discuss the suitability of the available modified work. Review the results and recommendations from the services that were provided (such as an industry specialist involvement). Ask if they have questions or concerns and work with them to resolve the concerns (such as, changes to the modified work duties or schedule, transportation, childcare, etc.). Include the worker’s representative or union in the discussions, if appropriate. Consider if a conference call or in-person meeting would help resolve the concerns.

Action the claim based on outcome of the modified work negotiation:

• If the worker is already working modified duties and suitability wasn’t a concern at the initial discussion, further discussion may not be required.
• When modified work was negotiated for a future date, monitor the worker’s recovery and contact the employer when the worker is fit to participate in the modified work plan.
• If the worker refuses to participate in suitable modified work, find out why and decide whether they have a valid reason for refusing. Listen to their concerns and work to resolve them. If it is reasonable for the worker to accept the offer, explain why the modified work is suitable and discuss their duty to cooperate. Explain their compensation benefitsPolicy 04-05, Part II, Application 4, Question #6 [PDF, 0.24MB]. will be adjusted as if the modified work had been accepted. If they do not agree the modified work is suitable, inform them of the Request for Review process.

• If suitable modified work is not available or the worker is not fit to perform the modified work currently, send the appropriate letter. Continue to negotiate modified work as the worker recovers (see Step 2) until all efforts have been exhausted. Consider providing re-employment services when the employer is unable to offer temporary modified work or permanent accommodation and the worker continues to experience work restrictions and is job ready or will be job ready in eight to ten weeks.

  If the employer is not cooperating or is claiming undue hardship, refer to the appropriate procedure.

• If modified work is available and suitable, confirm any details about the modified work, if needed and ask the worker to contact the employer (if they are not already working). Request the employer complete a modified work agreement (if not already received) and submit it once it is signed by both parties.
  
  Ask the worker and employer to contact the decision maker if there are any concerns with the modified work (for example, medical concerns, performance issues, etc.) and/or after each medical appointment, if there are any changes to the worker’s restrictions or to the modified work plan.

Follow up with the worker and employer one or two days after modified work begins to confirm the worker started as scheduled, the worker is able to perform the tasks and the proposed and actual modified duties are the same. If there are concerns, work to resolve them.

Consider transferring the claim for monitoring when the modified work is progressing as planned, the worker has completed active treatment, and no longer requires case management. The claim will be returned to the decision maker to address concerns about the worker’s progress or work restrictions, or issues with the modified work plan.

Monitor the worker's recovery through incoming medical reporting. If there are questions or concerns about the worker’s progress or work restrictions, contact the treatment provider to discuss the worker’s progress, current fitness level and if there are any recommendations to support the worker's progression to full duties. Consider a referral to the internal consultant for an opinion on the worker’s progress or work restrictions if needed.

Contact the worker every two weeks (at minimum) and the employer every six weeks to follow up on the modified work. Obtain earnings information from the employer every two weeks if there is a loss of earnings, issue payments as required. The earnings information gathered to pay TD02 benefits must be consistent with the earnings used to set the section 56 rate. If the section 56 rate was based on:

• Gross earnings or exceeds the maximum compensation amount, request the gross earnings for the pay period from the employer. Send a request to Compensation Payment Unit to calculate the TD02 payment.
• Hourly earnings, and:
  • the worker is paid the same hourly rate while working modified duties, confirm the number of hours worked during the pay period and deduct the hours from the TD02 payment.
  • the worker is not paid the same hourly rate while working modified duties, obtain gross earnings from the employer for the payment period and send a request to the Compensation Payment Unit to calculate the TD payment.

Refer to the Self-employed workers section for additional information on issuing TD02 benefits and establishing a “value of service.”

Collaborate with the worker and employer to keep the modified work plan on track. If there are concerns with the modified work, discuss what changes may be needed. Adjust the plan if changes are required. If the work restrictions are permanent, find out if the employer can provide a permanent position within those restrictions.

When modified work is at risk for ending, educate both parties on their duty to cooperate. Discuss the services available to resolve the concerns (for example, a functional capacity exam, return-to-work planning meeting, an ergonomic assessment, industry specialist referral, etc.).

Refer to an industry specialist if the employer indicates:

• The modified work may be ending,
• They are considering laying off the worker, or
• Assistance is needed to negotiate the modified work as the decision maker is unable to resolve the concerns.

When the modified work plan ends, review the success of the plan and the worker’s progress to return to their pre-accident job. If the worker is fit for their pre-accident work with no remaining work restrictions, the return-to-work plan was successful and no further wage replacement benefits are payable.

If the modified work ends before the worker is fit for their pre-accident work, determine the reason(s) why it ended, and the type of compensation benefits payable based on the claim circumstances. Consider the worker’s remaining work restrictions and the loss of earnings that result from the remaining restrictions.

Contact the worker and employer to advise them of the type of benefits and services the worker is entitled to receive. Communicate the decision in writing.

• If the employer is unable to provide suitable work within the worker's restrictions. Consider whether re employment services are appropriate.

  Re-employment services are appropriate when the employer is unable to continue the modified work or offer permanent accommodation and the worker continues to experience work restrictions and is job ready or will be job ready in eight to ten weeks.

  Ensure the employer is aware of the impact that re-employment services and possible wage loss supplement benefits may have on the claim.

• If the modified work program ended because the worker’s modified work opportunity or employment was terminated, determine if egregious conduct is a factor.  If the employment or modified work ended for non-egregious reasons or the employer is not cooperating in the modified work plan, review their duty to cooperate. (Review their obligation to reinstate employment.)
• If the worker refused to continue modified work and did not have reasonable grounds to refuse, adjust compensation benefits as if the modified work program had continued effective the date of the decision.
• When there is a legal strike, lockout, or local or provincial state of emergencySee Policy 04-05, Part II, Application 4 – Temporary Modified Work Programs. , and modified work is no longer available, benefits will be paid as if the worker continued performing the modified duties or gradual return-to-work schedule.  

Contact the worker and employer to advise them of the type of benefits and services the worker is entitled to receive. Communicate the decision in writing.