What Happens If An IME Suggests Permanent Work Restrictions In New Brunswick?

Brief Overview:If an Independent Medical Examination (IME) suggests permanent work restrictions in New Brunswick, it can have significant implications for both the employee and employer. This article will discuss what happens in such a scenario, providing 5 supporting facts. Additionally, we will address 7 frequently asked questions related to this topic within the jurisdiction of New Brunswick.

When an IME suggests permanent work restrictions in New Brunswick, the following outcomes may occur:

1. Impact on Employment: The employee may face limitations or barriers that prevent them from performing certain job tasks or roles.
2. Accommodation Process: The employer is obligated to engage in an accommodation process to determine if reasonable adjustments can be made to enable the employee’s continued employment.
3. Return-to-Work Plan: A return-to-work plan should be developed by the employer and employee together to identify suitable alternative duties that align with the suggested permanent work restrictions.
4. Long-Term Disability Benefits: If no suitable alternative duties are available within the workplace, long-term disability benefits may be considered as a financial support option for employees who cannot perform their regular job due to permanent work restrictions.
5. Legal Considerations: Employers must ensure they comply with relevant legislation such as human rights laws and employment standards when addressing permanent work restrictions identified through an IME.


Q1: Can employers terminate employees based on permanent work restrictions?
A1: Termination should not be automatic; employers must explore reasonable accommodations before considering termination.

Q2: What if there are no suitable alternative duties available?
A2: In such cases, long-term disability benefits could provide income support for employees unable to perform their regular job due to permanent work restrictions.

Q3: Are employers required to create new positions for accommodating employees?
A3:The duty of accommodation requires employers only make reasonable efforts; creating new positions is not always mandatory.

Q4:Is there a time limit on how long accommodations need to be provided?
A4: The duty to accommodate is an ongoing obligation, and there is no specific time limit as long as the accommodation remains reasonable.

Q5: Can employers request a second opinion on the IME findings?
A5: Employers may have the right to request additional medical opinions but should do so cautiously and in compliance with privacy laws.

Q6: Are employees entitled to compensation for permanent work restrictions?
A6: Compensation entitlements depend on various factors such as insurance coverage, employment contracts, and applicable legislation. Legal advice may be necessary.

Q7: What if an employee disagrees with the IME findings?
A7:The employee has the right to seek their own medical assessment or challenge the findings through legal means if they believe it’s unjust or inaccurate.

When faced with an IME suggesting permanent work restrictions in New Brunswick, both employers and employees must navigate a complex process involving accommodations, potential termination considerations, long-term disability benefits, legal obligations, and more. Seeking professional guidance from experts like Rapid Interactive Disability Management (RIDM) can help ensure compliance with relevant laws while supporting all parties involved.