3 years ago

WSIB - Ontario Nurses' Association

WSIB - Ontario Nurses' Association

• Keep in mind that

• Keep in mind that when WSIB feels you are partially disabled, it meansthey believe you can return to some type of job, but not necessarily in ahealth care setting.The following apply mainly to cases where the injured worker has beenoff work or on modified work/hours for 12 weeks or longer:• At 12 weeks after the date of injury, the WSIB will meet with the workplaceparties if they have been unsuccessful in arranging the worker’s returnto suitable and available work. A Work Transition (WT) Specialist(or Return to Work Specialist) will be assigned to your case and s/he willinitiate actions to assist in your work reintegration with your employer.• The Work Transition Specialist may refer you for a Psych/Vocational Assessment(formerly LMR Assessment) to assess your psychological andcognitive readiness for return to work and assess your skills and capabilitiesbased on your medical restrictions, as well as education, qualifications,training and work background. The assessor then presents work orjob options to the WSIB Case Manager who will, in consultation with theWork Transition Specialist, decide on the best option and whether a WorkTransition Plan is necessary.• Formerly Labour Market Re-Entry Plan (LMRP), a Work TransitionPlan is developed by the WT Specialist in consultation with the Case Managerand the WPPs to identify additional programs, training, upgradingand/or medical treatment (in consultation with the treating professional)that might be required for you to return to suitable work as identified inthe Psych/Vocational Assessment. SEE SECTION F OF THIS GUIDEFOR MORE INFORMATION ON WORK TRANSITION AND WTPLANS.• If WSIB believes you are partially disabled, but are not working with yourpre-accident employer, the Board expects you to mitigate your losses byapplying for jobs. You should keep records of all the jobs for which you researchand apply. If you have reason to believe it is unsafe for you to returnto particular work that is offered, see the section “Safety First” on page 11.Returning To Work/Modified Work4. If you are partially disabled and require modified work, speak to yourBargaining Unit ONA representative and your employer about a job accommodation.• Check your collective agreement for language regarding Return to WorkCommittees.13

• Employers are required by the Ontario Human Rights Code (supported byWSIA and WSIB policies) to accommodate disabled workers in the workplaceby modifying aspects of work, and unions and workers must participatein arranging such accommodation. An example of accommodationwould be if you can perform all tasks except manual lifting; the employermight have to purchase a mechanical lift suitable for your condition and forthe patients. Alternatively, the workplace parties may find another job foryou that does not require manual lifting. The employer can only escape thelegal duty to accommodate a disabled worker if it can demonstrate that anaccommodation will cause the employer “undue hardship.”• The importance of getting your Bargaining Unit ONA representatives involvedat the earliest stage cannot be over-emphasized. The Human RightsCode and your collective agreement hold employers to a higher standardfor accommodation than the WSIB does. So, for example, WSIB may recommenda job outside of the Bargaining Unit before the union and employerhave even explored options for modifying the pre-injury job. As thiswill impact your ongoing benefits with WSIB, you must have the unioninvolved to assist you.Return to Work Meetings5. To avoid adversely affecting your benefits, you need to cooperate fullywith WSIB and your employer in any Work Reintegration or WorkTransition activities. Cooperation does not mean you have to put yourhealth and safety at risk or work against your family doctor’s recommendations.Following the guidelines below will help prevent conflictthat could result in your benefits being reduced or suspended.• When you receive a call from WSIB or your employer about a return towork meeting, make every effort to attend. The only acceptable (to WSIB)reasons for not attending a meeting would be medical-related (e.g. a previouslyscheduled treatment or specialist appointment, or surgery).• Contact your Bargaining Unit ONA representative and confirm that youwill have a union representative present at the meeting. Arrange to meetwith your ONA representative before the meeting to prepare.• As soon as you go off work due to an injury, especially if you have apermanent impairment (see NEL Section, below) and/or are off for an extendedperiod of time, you should plan your return to work by investigatingother job options within your Bargaining Unit, as well as how your preinjuryjob can be accommodated to your restrictions.• Make sure you have updated restrictions from your doctor (including con-14

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