Workers' Compensation

Return to Work and the Duty to Participate

Returning to work following an accident or injury is something your Union takes seriously. Following accidents or injuries, if a member makes a request for accommodation, the employer is obligated to assist the worker in getting them back to work up to undue hardship, and accommodations can be both temporary or permanent.

It's important to note that an accommodation may not be perfect or ideal but that does not mean workers can decline the offer. Workers have an obligation to cooperate in return to work (RTW) planning, per the Workplace Safety & Insurance Board (WSIB) RTW Co-operation and Obligations policy.

Workers are obliged to co-operate by:

• Initiating early contact with the injury employer.

• Maintaining appropriate communication with the injury employer throughout the recovery.

• Assisting the injury employer, as required or requested, to identify suitable work that is available and consistent with their functional abilities.

• Giving the WSIB all relevant information concerning their RTW.

• Participating in all aspects of their RTW assessments and RTW plans.

To start the accommodation process, workers must speak to their treating doctors and provide the employer with their functional abilities. With these abilities and/or restrictions, a RTW plan can be developed.

Employers and the WSIB may not always agree with a doctor’s recommendations: medical opinion can be subjective and doctors may not fully understand the work. Make sure you discuss this with your Union Representative, WSIB case manager, and/or employer, so a solution can be found. If there is a dispute, workers have appeal opportunities and/or the grievance procedure as a next step.

Remember: As an injured worker, you have a Duty to Participate in the RTW process. If you do not cooperate or if you decline any aspects of an accommodation, there may be penalties which can include a reduction in WSIB benefits, loss of wages, and possibly termination.

Being at work allows you to maintain your earnings, stay connected to co-workers and the community, keeps you active, and helps with your mental wellness. As long as an accommodation is safe, suitable, and acknowledges your functional abilities, it is in your best interests to attempt the work. If you have concerns with an accommodation, further discussion with your employer, case manager and Union Representative can be arranged.

Workplace accommodation can take many forms:

• Modified duties to pre-injury job or alternative tasks.

• Modified policies & workstations.

• Flexible work schedule, such as graduated hours.

• Training and improving skills.

• Assistive devices.

• Bundling tasks.