Return to Work Programs in Ontario: What Employers Are Required to Have
5 min read
When a worker is injured on the job, most Ontario employers focus on the immediate response — first aid, incident reporting, and WSIB notification. But the obligation doesn't end there. Under the Workplace Safety and Insurance Act (WSIA), employers with 20 or more workers are legally required to have a return to work (RTW) program and to make every reasonable effort to bring an injured worker back to suitable, modified work as soon as it is medically safe to do so. For employers in construction, manufacturing, mining, healthcare, and virtually every other regulated sector in Ontario, failing to meet these obligations can result in WSIB penalties, costly re-employment orders, and significant increases to your WSIB premium rates. Here is what every Ontario employer needs to know.
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Ontario employers with 20 or more workers must have a written return to work program under the Workplace Safety and Insurance Act — this is a legal requirement, not a recommendation
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Your RTW program must outline the steps your company will take to provide suitable and available modified or transitional work to injured workers during their recovery
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You are required to make an offer of suitable work that takes into account the worker's functional limitations as identified by their treating healthcare provider — the offer must be in writing
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Suitable work means work that is within the worker's functional abilities, restores pre-injury earnings where possible, and does not endanger the health and safety of the worker or others on the worksite
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Workers also have obligations under the WSIA — they must cooperate with the RTW process and cannot refuse suitable modified work without valid reason; if they do, WSIB benefits may be suspended
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If a worker remains off work for more than 12 months, WSIB may appoint a re-employment specialist to oversee the file — keeping early and proactive contact with WSIB reduces the risk of this outcome
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Employers who fail to re-employ a worker who has been with the company for at least one year before the injury may be subject to a re-employment order, requiring you to offer the worker the first available suitable position for up to two years post-injury
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Documenting every step of your RTW process — job offers, medical reviews, accommodation assessments, and worker communications — is critical; thorough records protect your business in the event of a WSIB dispute or appeal
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