Getting injured at work can be stressful and confusing. After an accident, many workers worry about their health, their job, and pay. They wonder if they will still get paid if they need to take time off.

One question that often comes up is:

“Can my employer stop me from leaving work after I have been injured?”

In Nova Scotia, the answer is usually no.

Employers have key responsibilities after a workplace injury. They can’t stop an injured worker from getting medical care and they cannot force the worker to continue if doing so is unsafe.

That said, the situation is not always as simple as walking off the job.

Workers and employers have rights, but they also have duties in Nova Scotia’s workers’ compensation system. Knowing these rights helps avoid confusion. It also ensures injured workers get the care they need.

What Should Happen Immediately After a Workplace Injury?

According to the Workers’ Compensation Board (WCB) of Nova Scotia, the focus after a workplace injury is the worker’s health and safety.

If an injury happens, the worker should report it to a supervisor as soon as possible. The worker should seek first aid if needed and get medical treatment when necessary. If the injury is serious or urgent, medical care should not be delayed.

Employers must help injured workers get the care they need, address any immediate hazards and take steps to prevent further harm.

For example, if a worker injures their back lifting heavy materials and cannot stand up properly, continuing to work may not be safe. If a worker sustains a head injury and feels dizzy, confused, nauseous or has a headache, they may need immediate medical attention.

In situations like these, an employer should not interfere with the workers’ ability to get medical care.

Can an Employer Force You to Stay at Work?

An employer should not force an injured worker to stay on the job if they need medical treatment. An employer also should not require a worker to continue working if it is unsafe.

However, an employer may reasonably ask for information about what happened. They may need to complete reports, investigate the accident, or alert their safety department. Those administrative steps matter, but they do not override the worker’s need for medical care.

The best approach is usually straightforward: report the injury, explain your symptoms, tell your employer if you need medical attention, and get the care you need. This is important. Some workplace injuries seem minor at first, but they can get worse over time.

Why You Should Never Ignore Symptoms

Workers often feel hesitant about leaving work. They may worry about disappointing their employer or coworkers, or fear they are possibly overreacting.

Unfortunately, ignoring your symptoms can be risky. Delaying treatment can make certain injuries worse.

Common workplace injuries include:

  • Back strains;
  • Neck injuries;
  • Shoulder injuries;
  • Repetitive strain injuries;
  • Head injuries;
  • Slip and falls; and
  • Muscle tears. 

Many of these injuries do not reach their full severity until hours or even days after the accident. For example, a worker may initially believe they only have a sore back. By the next morning, they may be unable to bend, walk comfortably, or return to work.

Seeking prompt medical treatment protects both the worker’s health and their legal rights.

Reporting the Injury Is Important

Workers should report workplace injuries as soon as possible. This is true even if an injury appears minor.

Prompt reporting is essential. Many workers regret failing to report an injury when symptoms become worse days or weeks later. This is why it is important, whenever possible, to report the injury before leaving the workplace. 

You should create an official record of the accident and ensure appropriate medical care is arranged. This protects eligibility for benefits. You should also allow the employer to investigate the incident to reduce disputes about when and how the injury occurred.

What If Your Employer Wants You to Finish Your Shift?

This is one of the most common situations injured workers face.

Imagine a warehouse employee injures their shoulder while lifting boxes. The worker reports significant pain or difficulty moving the arm. However, the supervisor says the shift is almost over and suggests finishing the day and seeing how things feel tomorrow.

It’s easy to see why the worker may feel pressured to stay.

If the worker reasonably believes they need medical help, they should say so and get treatment. If continuing to work may worsen the injury, treatment is the priority. Workers should not be afraid to talk openly with their employer. They should describe their symptoms and get the right medical care.

Employers are not medical professionals. They can ask what happened and may offer safe modified duties, but they should not dismiss symptoms or decide that a worker does not need care. 

Who Decides Whether You Can Continue Working?

The answer is simple: healthcare professionals.

Doctors, nurse practitioners, physiotherapists, and other medical professionals may assess the injury and provide restrictions or recommendations about what a worker can safely do. WCB Nova Scotia may also use medical information when making decisions about benefits and return-to-work planning.

Employers should respect medical restrictions. A worker with a lifting restriction should not be assigned heavy lifting. A worker with concussion symptoms should not be placed on tasks that increase the risk of another head injury.

Medical professionals may recommend:

  • No work for a specified period of time;
  • Modified work;
  • Reduced hours;
  • Temporary restrictions;
  • A gradual return to work; or
  • Full return to regular duties.

These recommendations often form the basis of the return-to-work process. 

Understanding Return to Work in Nova Scotia

Many people assume that an injured worker must remain off work until they are fully healed. That is not always how the system works.

Nova Scotia encourages an early and safe return to work whenever medically appropriate. The goal is to help workers recover while staying connected to the workplace.

This does not mean workers can be forced back to work before they are ready. Return to work must be safe, suitable, and consistent with the worker’s medical restrictions. Employers and workers should team up to find safe tasks that follow medical limits.

What Is Suitable Work?

Under Nova Scotia’s Workers’ Compensation Act, employers must give suitable work when possible.

Suitable work generally means work that is safe and matches the worker’s abilities. It also must respect medical restrictions and not create a risk of further injury.

For example, a worker recovering from a shoulder injury might not lift heavy things. Depending on the medical restrictions and workplace, the worker may be able to do other tasks, such as:

  • Perform administrative duties or customer service work;
  • Track inventory tracking; 
  • Schedule tasks or complete training activities; and
  • Suitable work helps workers remain productive while recovering safely.

Can an Employer Force You to Perform Modified Duties?

Not necessarily. If the modified duties are unsafe or inconsistent with medical restrictions then they should not be carried out. Modified duties must be medically appropriate.

A worker who has a lifting restriction should not be made to do heavy lifting. A worker with concussion symptoms involving visual strain and light sensitivity should not be assigned tasks involving all-day computer use. These tasks could worsen existing injuries or cause new ones to develop.

Employers have an obligation to consider medical restrictions when assigning work. At the same time, workers are generally expected to cooperate with reasonable and safe return-to-work efforts. If an employer offers suitable modified duties that comply with medical restrictions, refusing that work without a good reason can create problems with the WCB claim.

The key issue is whether the work is actually suitable, as defined above.

Nova Scotia’s Duty to Co-operate

Nova Scotia recently introduced a stronger Duty to Co-operate framework for workplace injuries.

The goal is to get employers and workers to join forces. This way, they can ensure a safe and speedy return-to-work.

The Duty to Co-operate requires both parties to:

  • Communicate regularly;
  • Share information;
  • Take part in return-to-work planning;
  • Consider suitable work opportunities; and
  • Work toward recovery and reintegration into the workplace.

The law does not let employers ignore medical restrictions. It also does not allow employers to force injured workers into unsafe duties. They can’t make workers return before they’re deemed medically ready.

Instead, it is meant to promote collaboration, problem solving, and safe reintegration into the workplace.

Workplace Accommodation

Accommodation is an important part of the return-to-work process.

Employers may need to adjust the job or workplace so an injured worker can work safely. Examples may include:

  • Reduced lifting requirements and flexible schedules;
  • More breaks;
  • Ergonomic equipment;
  • Temporary reassignment; and 
  • Gradual return-to-work programs.

Accommodation helps workers remain employed while they recover. Accommodation does not have to be perfect, but it must be reasonable. Except in highly specific circumstances, employers are required to consider and incorporate disability-related needs and medical restrictions wherever possible.

What If Your Employer Disagrees With Your Injury?

Sometimes a worker feels hurt, but the employer thinks the injury is not serious.

This often happens with injuries that are hard or impossible to see, such as back and neck injuries, concussions, muscle strains, other repetitive strain injuries, and psychological injuries. 

For example, a worker may say they are in pain after lifting something heavy. The employer may believe the worker only needs a short break. However, the worker may actually have a more serious injury that needs medical care.

If this happens, it is important to stay calm and focus on the facts.

Tell your employer what happened and describe your symptoms. Report the injury as soon as possible. Most importantly, seek medical attention and keep records of your appointments, restrictions, and communications about your injury.

Common Injury Scenarios

Back Injury

A worker strains their back lifting equipment. They have severe pain and difficulty standing upright.

The employer should not insist that the worker continue lifting throughout the shift. Medical assessment may be required immediately.

Head Injury

A worker strikes their head on machinery and develops dizziness.

Even if symptoms initially seem minor, a concussion may be present. Medical evaluation is often necessary before returning to work.

Shoulder Injury

A worker injures their shoulder while moving materials. A physician later imposes lifting restrictions.

The employer can offer modified duties. They should not require work that goes beyond those limits.

What If Symptoms Appear Later?

Not all workplace injuries produce immediate symptoms.

Pain from a fall, strain, vehicle accident, or lifting injury may not be immediately obvious in the minutes or hours after a workplace injury. A worker may feel fine at first and wake up the next day in significant pain.

Sometimes, the extent of injuries may not be fully realized until days or weeks have passed.

This is one reason early reporting is so important. Reporting the accident helps connect later symptoms to the workplace incident that caused them.

Can You Be Disciplined for Leaving After an Injury?

Workers are often worried about being disciplined for leaving work.

A worker should not be punished for seeking necessary medical care after a genuine workplace injury. A worker also should not be punished for refusing work they reasonably believe is unsafe.

However, communication matters. Problems are more likely to occur when workers leave the job site without telling anyone, do not report the injury, or do not explain why they left.

Whenever possible, workers should:

  • Report the injury immediately;
  • Follow medical advice; 
  • Explain why they need treatment to their employer;
  • Follow reporting procedures including keeping your employer and WCB up to date;
  • Keep records of medical appointments.

Clear communication helps avoid misunderstandings.

What Are Your Rights?

Injured workers in Nova Scotia generally have the right to:

  • Report workplace injuries;
  • Seek medical treatment;
  • Take part in return-to-work planning;
  • Refuse unsafe work where there are reasonable grounds;
  • Receive information about their claim;
  • Be considered for suitable work;
  • Have medical restrictions respected; and 
  • Be protected from retaliation for properly exercising workplace safety rights. 

Workers also have key responsibilities. They should report injuries right away, cooperate with reasonable requests for information, follow medical advice, and participate in safe return-to-work planning.

Practical Tips for Injured Workers

If you are hurt at work:

1. Report the Injury

Tell your supervisor immediately.

2. Seek Medical Treatment

Do not delay in receiving the necessary care for your injury.

  1. Describe Symptoms in Detail

Be thorough when describing the accident and your symptoms. Your doctor needs to know how the injury happened and your symptoms to determine functional limitations and the appropriate course of treatment.

  1. Follow Medical Advice

Follow treatment plans and restrictions.

5. Document Everything

Keep records of symptoms, appointments, and communications.

6. Stay in Contact

Communicate with your employer and the WCB.

7. Join in Return-to-Work Planning

Cooperate with reasonable efforts to identify suitable work.

When Should You Seek Legal Advice?

Most workplace injury claims proceed without major disputes.

However, legal advice may be helpful if:

  • An employer discourages reporting an injury;
  • Medical restrictions are ignored;
  • Suitable work is disputed;
  • Benefits are denied;
  • Retaliation occurs after reporting an injury; or
  • There are disagreements about accommodation.

Understanding your rights early can help prevent future problems.

Conclusion

A workplace injury can occur in any job. This includes construction sites, warehouses, offices, and retail stores. When an injury happens, workers may feel pressured to keep going, finish their shift, or not bother their employer.

However, worker safety must come first.

In Nova Scotia, employers should not prevent an injured worker from getting necessary medical care. An employer also should not require an injured worker to continue with unsafe duties. Employers must report injuries, communicate with workers, join in return-to-work planning, and consider suitable work options.

At the same time, workers also have responsibilities. They must report injuries quickly, communicate clearly, follow medical advice, and cooperate with reasonable return-to-work efforts.

The workers’ compensation system is meant to support recovery and help injured workers return to work when it is safe. Taking these steps can safeguard your health and rights, and help you move forward after a workplace injury.

If you have been injured at work, speaking with an experienced personal injury lawyer can help protect your rights. At NOVA Injury Law, we offer 100% free case consultations at any of our offices across Atlantic Canada. For more information or to schedule an initial consultation, you can reach us at 902-706-5205 at any time. Our team is available 24 hours a day, 7 days a week, to support you and your loved ones via email, text, Facebook Messenger, and more.