Return to work (RTW) assessment

The WSIB may arrange for a RTW assessment to be completed if the workplace parties (the injury employer and the worker) are unable to resolve challenges that are impacting the worker’s RTW. The assessment determines whether the worker will at some point be medically able to return to their pre-injury job, with or without accommodation, or to a new job.

RTW plan

If the WSIB decides the worker is, or later will be, able to return to their pre-injury job, with or without accommodation, a RTW plan without training may be created to identify the assistance and services the worker needs to RTW.

If the WSIB decides the worker will never be able to return to their pre-injury job, with or without accommodation, it will decide whether there are other suitable and available RTW opportunities with the injury employer, while taking into consideration any co-operation and re-employment obligations that may apply to the workplace parties. If no such opportunities exist, or if the WSIB determines that a RTW opportunity with the injury employer is unlikely to continue in the longer term, it may consider RTW opportunities in the labour market. The WSIB may create a RTW plan with training that identifies the assistance and services the worker needs to RTW.

The WSIB pays for the expenses it determines are appropriate to enable the worker to participate in the RTW assessment and the RTW plan with training.

Identifying a suitable occupation (SO)

To develop a RTW plan with training, the WSIB must identify a SO for the worker. A SO is a grouping of jobs that are well-matched to the worker’s transferable skills, and that are safe, consistent with the worker’s functional abilities, and restore the worker’s pre-injury earnings as much as possible. The SO must also be available, which means it exists and is in demand, with a reasonable expectation the worker will be able to find employment. The worker has a meaningful say in this process.

If the worker is 55 years of age or older at the time the WSIB determines they are entitled to receive loss of earnings (LOE) benefits, and if the worker requires a RTW plan with training that includes vocational skills training to find a job in a SO, they can:

• participate in a RTW plan with training to RTW in the SO, or
• choose a 12-month self-directed transition plan to RTW in the SO

When the RTW plan with training ends

A RTW plan with training ends, and the worker’s LOE benefits are adjusted accordingly, when the worker:

• completes the plan or returns to work
• fails to participate in the development or completion of the plan
• is unable or unavailable to complete the plan for reasons that have nothing to do with the work-related injury or disease
• voluntarily withdraws from the work force, for example, retires
• has received extensive services through the plan, and additional services are unlikely to result in a successful RTW

Appealing a RTW decision

Employers who disagree with a WSIB decision regarding RTW, re-employment, or RTW assessments or plans have only 30 days from the date of the decision to appeal it to an Appeals Resolution Officer (ARO). If the employer disagrees with the ARO decision, the employer has 6 months from the decision date to appeal to the Workplace Safety and Insurance Appeals Tribunal.

Assistance

Please feel free to contact the OEA if you have any questions about your rights or obligations in the RTW process, or if you need help returning a worker to work.