- Supporting the worker’s active recovery
- Keeping a valued worker in the workplace
There is no legal requirement to have a return to work program, but proactive firms should consider applying these processes where opportunities are available/practical.
Return to Work Responsibilities
| Role | Responsibility | Timeframe |
|---|
Injured Worker
| Notify supervisor/employer of the Injury | Immediately or as soon as possible |
Have the treating health care provider complete a Form 8 Let the health care provider know that your employer offers modified duties. | Provide a copy of page 2 to your employer |
Return page 2 of Form 8 | That day or before the start of their next scheduled shift |
Fill out a Form 6 Worker’s Report of Injury | As soon as possible or during the next scheduled day at work |
Cooperate with employer to identify suitable modified duties | After injury occurs |
Maintain communication with the employer and WSIB during recovery period Obtain an updated FAF as requested Notify employer and WSIB if there are difficulties or disputes with RTW plan | After injury occurs |
You (Employer)
| Report Injury to WSIB (Form 7) Immediately report a Critical Injury to MOL (877-202-0008) | Complete a Form 7 within three days of becoming aware of work-related injury or illness and submit to WSIB within seven days |
Identify suitable available modified duties with the worker (using the FA information) and complete a Return to Work Plan | After injury occurs |
Communicate with the worker and WSIB during recovery period Request an updated FAF, as required Document and advise WSIB of RTW efforts and RTW Plan
| Regular communication and check-ins until worker is able to return to regular duties |
WSIB
| Support the employer and worker with return to work assistance Ensure cooperation of the employer and injured worker | On-going |
Treating Physician or Practitioner
| Complete a Form 8 and the FAF information | As requested, to update worker’s physical abilities |
As a small businesses, you may not have suitable and available work to offer an injured employee. If you are unsure about your obligation to offer Return to Work, begin by contacting the Workplace Safety Insurance Board (WSIB).
Designing a Return to Work Plan
A successful return to work plan will:
- provide safe, productive work that has value
- provide suitable work that is consistent with the worker’s functional abilities and skill and does not aggravate their condition
- restore the worker’s pre-injury earnings as closely as possible (Note if there is a reduction in pay following injury, WSIB will pay for 85% of difference. Claim will be identified by WSIB and the MOL as lost time injury even though employee is at work.)
- determine the duration of the modified work at the beginning of the program (Note this is subject to change and adjustment during recovery period, but there should be a plan for eventual return to regular duties if at all possible.)
- ensure that the worker can continue to follow the company’s policies and procedures
- adjust the RTW plan as changes or circumstances occur
If you have questions or need advice regarding a dispute with a WSIB claim, you can contact the Office of the Employer Adviser (OEA) at 800-387-0774. The OEA is an independent agency of the Ministry of Labour and provides free, confidential services to small business.
See the Resource section for additional Return to Work resources.
