Can I ask for a different role due to my injury?

Answer

You can sometimes—an employer and an employee will agree upon something that the Workers’ Compensation Act calls suitable alternative employment, which has certain statutory built-in protections for both the injured worker and the employer. It’s just one of the mechanisms built into the Act to get the employee back to work in some capacity, if he or she can. It’s not something you can force an employer to do, but even if you’re not going back to suitable alternative employment as defined by the Act, there’s no prohibition against you and your employer agreeing on some other job for you to do. You can’t necessarily force your employer to do that, but again, generally both sides want to see the employee get back to work, and many employers can be accommodating in finding something for you to do. Whether or not you can force your employer to take you back in some alternative position is something that depends on a lot of facts, and it’s something your lawyer would speak to you about.

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