Return to Work After a WSIB Injury in Ontario

Work Reintegration: Your Right to Return to Work

After a workplace injury in Ontario, the Workplace Safety and Insurance Board (WSIB) has established a work reintegration (WR) system designed to help injured workers return to safe and productive employment as quickly as possible. Both workers and employers have obligations under this system.

The Employer's Re-employment Obligation

Employers with 20 or more regular employees (before the accident) have a re-employment obligation under the Workplace Safety and Insurance Act, 1997 (WSIA). If a worker sustained a work-related impairment (lost time) and the accident occurred before the worker's 65th birthday, the employer must:

• Offer the worker the first suitable work that becomes available in the plant within one year of the date of injury (or the date of return to any employment if the worker was employed elsewhere)
• Co-operate in the worker's return to work and in any WSIB work reintegration plan
• Re-employ the worker in their pre-injury position or a comparable position when the worker is fit to return

This re-employment obligation continues for up to two years after the date of injury, or until the worker reaches age 65, whichever is earlier.

Modified Work and Functional Limitations

WSIB's Work Reintegration policy emphasizes a "modified work first" approach — returning workers to modified duties (lighter work, different tasks, or reduced hours) rather than waiting for full recovery. Modified work must be appropriate for the worker's functional abilities as determined by their healthcare provider.

What to Do If Your Employer Won't Accommodate You

If your employer refuses to provide suitable modified work or fails to comply with the re-employment obligation, you can file a complaint with the WSIB. The WSIB has the authority to levy penalties against employers who fail to comply with their re-employment obligations. You may also have a separate human rights complaint if the failure to accommodate is connected to a protected ground under the Ontario Human Rights Code.

WSIB Labour Market Re-entry (LMR)

If you cannot return to your pre-injury employer (for example, if the employer is unable to accommodate your functional limitations or no longer exists), the WSIB may provide Labour Market Re-entry services — vocational assessment, skills training, job search assistance, and education funding — to help you find employment with another employer.

Challenging a WSIB Decision

If you disagree with a WSIB decision about your return-to-work plan, your benefits entitlement, or your functional abilities, you can request an internal WSIB objection (formerly called an "appeal"). If the objection is unsuccessful, you can appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT). Having a workers' advocate or lawyer assist with WSIB appeals significantly improves outcomes.