Return to Work & Accommodations

The Goal of WSIB

The Workplace Safety and Insurance Act (WSIA) emphasizes a return to work for injured employees. Both the employer and the employee have a legal duty to cooperate.

• The Employer's Duty — Provide modified duties or accommodate the employee's limitations.
• The Employee's Duty — Cooperate with the return-to-work process and accept suitable modified work.

The Duty to Accommodate

• Undue Hardship — The employer must accommodate up to the point of 'undue hardship' (a very high legal bar).
• Suitable Work — The modified work must be within your physical abilities and provide a productive purpose.
• Wage Replacement — If modified work pays less, WSIB may pay a 'loss of earnings' (LOE) benefit for the difference.

Disputes & Appeals

• Unsuitable Offer — If you believe the offered work is unsafe or unsuitable, you can dispute it.
• Failure to Cooperate — If either side fails to cooperate, WSIB can impose penalties (fines for employers, benefit cuts for employees).
• WSIAT Appeals — For final decisions, you must appeal to the Workplace Safety and Insurance Appeals Tribunal.