When you are recovering from a workplace injury or illness in Ontario, few things are more stressful than getting mixed messages about your return to work.
Your employer may insist that you are “fit” for modified or regular duties, while your own doctor is still recommending rest, treatment, or strict limitations. You may also worry that saying “no” to work could hurt your WSIB benefits or even your job.
This article explains how WSIB re-employment and return to work (RTW) rules work in Ontario, what to do when your employer and doctor disagree, and when it may be time to speak with a Toronto WSIB lawyer.
Understanding WSIB Re-Employment And RTW Duties In Ontario
In Ontario, many employers and workers are covered by the Workplace Safety and Insurance Board. When an injury happens, both sides have legal duties related to return to work and re-employment.
Employers covered by WSIB have specific return-to-work responsibilities. These include staying in contact with the worker as well as offering suitable work that is safe, productive, within the worker’s functional abilities, and as close as possible to pre-injury earnings.
On top of that, certain “injury employers” have a formal re-employment obligation. This applies where:
- You were continuously employed by that employer for at least one year before the injury.
- The employer regularly employs 20 or more workers, and
- You were unable to work because of a work-related injury or illness.
If these conditions are met, the employer must try to bring you back to your pre-injury job or other suitable work for a set period of time, as long as you are medically able to do so. The Office of the Worker Adviser explains that this duty can last up to two years after the date of injury, or one year after WSIB says you can perform the essential duties of your regular job, or until age 65, whichever comes first.
Workers must also satisfy certain obligations in these situations. Under WSIB’s RTW co-operation obligations policy, workers must stay in touch with their employer, co-operate in identifying suitable work, and notify WSIB about any disputes or changes in their medical condition.
These rules are supported by Ontario’s Return to Work and Re-employment regulation under the Workplace Safety and Insurance Act, which sets out detailed co-operation and accommodation duties for both parties.
Why Your Employer And Doctor May Disagree About Fitness For Work
Disagreements usually start with different interpretations of your “functional abilities.”
Employers often rely on WSIB forms and medical reports that describe what you can physically or mentally do at work. Sometimes they may also rely on opinions from occupational health doctors or independent medical assessments.
Your treating doctor, on the other hand, may have more background on your condition and overall health. As a result, they may be more cautious about the pain, fatigue, or mental health issues you experience that are hard to measure. Physicians may feel that more time off, therapy, or gradual exposure to work is needed.
Other factors can add tension. An employer may feel pressure to fill a position or to reduce WSIB claim costs. You may be dealing with invisible injuries such as psychological trauma, concussion symptoms, or repetitive strain injuries, which can be difficult to accommodate properly if the job is fast-paced or physically demanding.
Importantly, WSIB policy recognizes that disputes over job suitability are not automatically “non-co-operation”. The key is how you respond and communicate with your employer and the WSIB when disagreements arise.
What To Do When Your Employer Says You Are Fit For Work
If your employer tells you that you are fit for work but your doctor disagrees, it is important to act quickly and carefully. The following steps can help protect both your health and your WSIB claim:
- Get clear written medical instructions. Ask your doctor for an updated note or functional abilities form that clearly describes your restrictions and whether you can do modified work or any work at all.
- Compare the job offer to your restrictions. Review the duties your employer is proposing and compare them to your doctor’s limitations. If something does not match, highlight it for your doctor and for the WSIB.
- Communicate in writing with your employer. Politely explain that you are willing to cooperate with return to work, but that your current medical advice does not support the proposed duties. Keep copies of emails and letters.
- Notify WSIB about the dispute. WSIB expects you to report any disagreements about return to work. A WSIB RTW or Work Reintegration specialist can get involved, review the medical information, and may help adjust the duties or schedule.
- Consider getting legal help early. Speaking with an experienced WSIB lawyer in Toronto can help you understand the risks of accepting or refusing certain work and how to document your efforts to demonstrate cooperation.
You have the right to refuse work you and your doctor genuinely believe is unsafe or medically unsuitable. The Office of the Worker Adviser’s guidance on early and safe return to work disputes stresses that you should contact WSIB immediately, explain your concerns, and participate in any assessments or attempts to modify the work.
If WSIB believes you are not co-operating, it can reduce, suspend, or discontinue your loss of earnings benefits, so it is important not to simply ignore calls or letters or refuse duties without explanation. Proper documentation and advice can make a significant difference.
You should also be aware that if an employer fails to meet their re-employment duties, WSIB can impose penalties and may pay additional benefits to you. In more serious situations, workers may need to challenge WSIB decisions about return to work or benefit entitlement through WSIB claim denials and appeals.
Contact Our Toronto WSIB Lawyers Today for Help
You do not have to handle a WSIB re-employment dispute on your own, especially when your health and income are on the line.
At Goodman Elbassiouni LLP, our legal team regularly assists injured workers with return to work conflicts, medical disputes, and understanding how WSIB claims work in Ontario. We can help you review your medical and WSIB documents, assess your suitability, communicate with both your employer and the WSIB, and challenge unfair decisions.
If you are facing pressure to return to work when your own doctor disagrees about your readiness, reach out for guidance. Call our Toronto office at 905-265-1005 or contact our Toronto injury law firm online to book a free, confidential consultation about your WSIB matter.