Duty to re-employ

The employer is responsible for contacting the worker as soon as possible after the injury, attempting to provide suitable employment consistent with the worker's abilities, and providing the Board with information concerning the worker's return to work.

The injured worker is responsible for communicating with the employer and assisting in identifying suitable employment.

These responsibilities do not apply to employers primarily engaged in the construction industry or emergency workers.

The Board can monitor progress and help resolve disputes between the employer and worker.

The law also mandates that employers with at least 20 workers offer to re-employ a worker who has been unable to work due to an injury.

Exceptions may apply to smaller employers or certain prescribed classes of employers.

The Board can determine whether the worker is medically able to perform their pre-injury duties or suitable work and whether they have met their obligations to cooperate in their return to work.

Ontario Workplace Safety and Insurance Act s.