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Return to Work Issues
Background
Worker’s concerns in this area usually centre on:
- (in)ability to do job (see question 6, see question 9)
- Employer not taking worker back
- Employer closing up shop
- Employer offering “busy” work or work that has no value
36. I worked for just under a year at my job, and I want to get back to work with my employer, but they won't take me back because I still need modified work. Can't the Board force them to take me back?
- no re-employment rights unless had been there a year before injury at a workplace with 20+ employees
- even so, no way to force employer to create modified work for you
- employer’s only obligation is to return injured workers to regular employment
- if employer fails to return worker to regular work, still no way to make them take worker back; there is only a financial penalty for failure to do so
- but employer only need offer the "first opportunity" for modified work, and that opportunity might never arise
- can try to use WSIB's Return To Work mediator to see if they can persuade employer to get you back in
- union/collective agreement may provide other recourse as well
37. I have been getting partial Loss Of Earnings because I am only back to work part time at modified work. Now my plant is closing (or, my contract with the employer is ending). What is going to happen to my benefits?
- if still need modified when there is no more work at the accident employer, is possible to get more Loss Of Earnings benefits; need to notify the Board and ask for restoration of LOE benefits
- however, if worker is out of work by their own actions, eg. moving away from area, may not get more Loss Of Earnings (although moving does not affect Non Economic Loss benefits)
38. I have been unable to do my regular job on the factory floor, but my employer says I should come in and sort screws in the cafeteria until I can do my regular job. Do I have to go?
- Early and Safe Return To Work gives the employer the opportunity to cut their WSI costs by bringing worker back to the workplace
- s.40 says the worker has a duty to co-operate - the modified work dilemma really comes down to mostly a medical determination (see question 9)
- assessing modified work offers - definition of "suitable" work is minimal - need not be 'real job' or productive work but the worker has to have the skills to be able to do the work (or be able to get those skills) and must not pose a hazard to self or others
- get job description and get doctor involved to comment on medical suitability of job
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