Dear David,

I worked for over seven years as a carpenter for a furniture manufacturer in Ontario. Unfortunately, I was injured on the job causing me to go off work for treatment.  A claim was made for workplace insurance benefits to the Workplace Safety and Insurance Board (WSIB). After four weeks of treatment, my doctor told me I could try going back to my “pre-injury job” with the company.  As such, the WSIB stopped the insurance benefits I was receiving.  I returned to work and my employer told me they no longer needed me.  I was terminated.  When I asked my boss if I could return to another position with the company, she refused stating that the company has no other openings.

Potential client’s question:

Is my employer legally required to re-hire me as a carpenter after I recovered from an injury covered by the WSIB?

David’s response:

The short answer is:  likely.  Under the Workplace Safety and Insurance Act (WSIA), your former employer may be required to re-employ you to your pre-injury position as carpenter. Alternatively, and also under the WSIA, the former employer may have a duty to accommodate you.  

If your situation meets certain requirements under the Act, I can help.  I can advocate to ensure the employer meets its obligations under the WSIA by seeking a remedy with either the WSIB or the Workplace Safety and Insurance Appeals Tribunal.  You may be able to get hired back to your old position, or I can advocate for you to get appointed to an alternative yet equivalent position with your previous employer.  In this case the employer is a Schedule 1 employer (Class D.1.i.H) as defined under the Regulations under the Workplace Safety Insurance Act.  This means that your former employer does indeed have obligations. There may be other solutions as provided under the WSIA.  

Please contact me to set up a one hour consultation for more information.