Workplace Accommodation and Re-employment Obligations – Employer Guidance Under WSIB Law

WSIB Workplace Accommodation

We guide employers through accommodation and re-employment obligations under the Workplace Safety and Insurance Board (WSIB) and human rights law. We assess restrictions, craft suitable work, attend return-to-work meetings, document compliance, address refusals, and reduce penalties and premiums.

The Problem: Balancing Accommodation and Business Needs

Ontario employers face strict legal duties when it comes to re-employment and accommodation of injured workers. The WSIB monitors compliance closely, and failure to meet obligations can result in costly penalties, higher claim costs, or human rights complaints.

At the same time, employers often face operational challenges: not every workplace has obvious modified duties available, and not every worker accepts the return-to-work plan. Employers are caught between ensuring legal compliance and protecting productivity, while trying to avoid disputes that can escalate quickly.

How We Help Employers Meet WSIB Obligations

OOur WSIB lawyers provide clear, practical guidance to help employers navigate these complex obligations. We combine deep knowledge of WSIB law with hands-on strategies that protect your business and demonstrate good faith compliance.

We assist by:

• Reviewing medical restrictions and assessing what accommodations are reasonable.
• Crafting modified duty offers and return-to-work plans that meet WSIB standards.
• Attending WSIB and Work Transition Specialist meetings on your behalf.
• Documenting employer efforts to create a defensible record of compliance.
• Advising on employee refusals, re-employment breaches, and penalty avoidance.

With our guidance, employers can meet legal requirements while maintaining operational flexibility and protecting their bottom line.

How to Engage Us

If your business is facing re-employment or accommodation challenges, Pearsall Marshall’s WSIB lawyers are ready to help. Contact us today for practical advice and representation that keeps your workplace compliant and your business protected.