Return-to-work responsibilities

If you are a business with an employee who has a workplace injury or illness you have a responsibility to:

  • Log in to your online services account to report the injury or illness.
  • Contact your employee as soon as possible after the injury or illness.
  • Stay in touch with your employee throughout their recovery and return to work.
  • Try to provide suitable work. Suitable work:
    • is safe
    • is productive
    • is within your employee’s functional abilities
    • matches your employee’s pre-injury pay as closely as possible
  • Provide us with any information we request about your employee’s return to work.
  • Offer to re-employ your employee if they can perform the essential duties of the pre-injury job or other suitable work.
  • Let us know about any disputes or disagreements between you and your employee about their return to work.

If you have a workplace injury or illness, check out your work-related injury or illness return-to-work responsibilities.

Did your employee get hurt or sick at work?

Report it online

https://www.wsib.ca/en/online-services-businesses

Our responsibilities

  • Provide you and your employee with information to help you understand:
    • what to expect throughout the return-to-work process
    • what is expected of you and your employee
    • your rights and responsibilities
    • who to ask for help
  • Bridge the gap between you and your employee and monitor progress and co-operation
  • Obtain and clarify information on your employee’s functional abilities
  • Help resolve any difficulties and disputes throughout the process
  • Decide whether you and your employee need our return-to-work services and if needed, provide them to identify potential risks, opportunities, modifications and/or accommodations for return-to-work
  • Make all claim-related decisions

Find modified work for your employee

See what duties are available

https://www.wsib.ca/en/modified-work-suggestions

Co-operating in the return-to-work process

Your cooperation is essential in your employee’s return to work process. Our role is to support and guide you, but if you choose not to co-operate, you can receive a penalty.

Penalties for non-co-operation in the return-to-work process can include an initial non-co-operation penalty. This penalty is equal to 50 per cent of the wage-loss benefits your employee receives, starting 10 business days after the date of our written notice to you.

If you still don’t cooperate within 14 calendar days after this penalty starts, you could be charged up to 100 per cent of the wage-loss benefits your employee receives, plus 100 per cent of any costs for return-to-work training services. This can continue for up to 12 months.

For small businesses (less than 20 people), the initial non-co-operation penalty starts 14 business days after the date of our written notice to you.

Penalties stop the day after you notify us of your co-operation.

You can read more about your responsibilities in the Return to Work Co-operations Obligations policy (19-02-08).

Your obligation to re-employ

For non-construction businesses, you must employ the person if:

  • they are unable to work due to a work-related injury or illness
  • you have continuously employed your employee for at least one year before the date of injury or illness
  • you have safe and suitable work the employee could perform, with or without accommodations
  • you regularly employ 20 or more people

If you don’t re-employ the person when you’re supposed to, we’ll let you know what you need to do. If you still don’t fulfill your obligations, we may give you a penalty. The penalty can be up to the same amount as your employee’s net average earnings for the year before their injury.

We may also pay your employee re-employment payments or wage loss benefits. This depends on whether they can perform the essential work duties of their pre-injury job or accommodated work.

What if I’m an employer in the construction industry?

If you run a construction business, you must re-employ the person if your employee has been unable to work because of a work-related injury or illness. We consider them unable to work if they:

  • are absent from work
  • work less than regular hours
  • need accommodated or modified work that pays, or normally pays, less than their regular pay

You are obligated to re-employ your injured or ill employee when you are notified that they are medically able to perform:

  • the essential duties of their pre-injury job
  • suitable construction work
  • suitable non-construction work

Your obligation to re-employ ends if any of these happen:

  • two years pass from the date of your employee’s injury or illness
  • one year passes since your employee is medically able to perform the essential duties of their pre-injury job
  • your employee declines an offer of work
  • your employee turns 65

If you still don’t offer re-employment after receiving a warning and written notice, we may penalize you. This can include:

  • A re-employment penalty. The penalty can be up to your employee’s net average earnings for the year before the injury or illness.
  • Re-employment payments to your employee or wage loss benefits for up to one year.

For more information on obligations and responsibilities for businesses in the construction sector:

What happens if I don’t co-operate with the return-to-work process and don’t offer to re-employ my employee who was injured or made ill at work?

  • If you don’t co-operate in the return-to-work process and don’t offer re-employment at the same time in the same claim, the single higher penalty may apply.
  • If you don’t co-operate and don’t offer re-employment at different times in the same claim, multiple penalties may apply.