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Where WCB, Employment Law, and Human Rights Intersect
While WCB and human rights commissions operate separately, there are areas where their functions intersect. For instance:
- An employee injured at work may receive benefits through WCB but rely on employment law to secure their job during recovery and ensure fair treatment from their employer.
- If an injured employee returning to work requires accommodations due to a disability, both employment law and human rights law govern how the employer must respond.
- If an employer fails to accommodate a disability or discriminates against an injured worker, the worker can seek redress through human rights law, even while receiving WCB benefits.
In short, WCB’s role is limited to compensating injured workers under the framework established by provincial and territorial legislation. When issues arise around an employer’s treatment of an employee, such as failure to accommodate, wrongful dismissal, or discrimination, these must be resolved through employment law or human rights law, depending on the nature of the complaint.
Key Takeaways
Discuss Your Claim With Us
- Our phone lines are open 24/7 so reach out to us at anytime.
- Alternatively, you can fill out our online form and we will respond within 24 hrs.
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Before Contacting a WCB Lawyer
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