If you have an employee who is on a WSIB claim there are some important things to keep in mind.
In most cases, if your worker is off work due to an injury or illness that is covered by a WSIB claim they are not subject to attendance management processes. You can’t discipline them for being absent unless they have a return to work plan in place that is not being followed.
A worker has the right to return to work as soon as it is safe for them to do so, even if that means only working part time. The employer is required to collaborate with the worker, the attending physician and WSIB to determine appropriate tasks for the worker to perform. In some cases there may be no way to modify work, and the worker will have to be off until healed sufficiently to return to pre-injury duties. If it is not possible for the worker to return to pre-injury duties, WSIB will consider retraining solutions.
Workers are required to fully participate in the return to work process, including going to the physician for follow up treatment and assessment, providing the employer and WSIB with all required documentation, and accepting any modified work arrangements that are put in place. If the modified duties require the worker to change shifts and/or jobs they must accept that change, whether or not it is permanent.
WSIB will conduct workplace assessments (usually at no charge to the employer) to assess the job duties and compare against the individual worker’s needs. These assessments can help eliminate claims by the worker that the modified duties do not meet their restrictions and can speed up the return to work process.
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