Reemployment and Accommodation of Injured Workers Under Ontario's Workers' Compensation Act
Douglas E. Hyatt
DOI: 10.2190/G09J-FV09-QDU6-EWXJ
Abstract
Recent amendments to Ontario, Canada's Workers' Compensation Act places an obligation upon employers to rehire workers injured in their workplace. The obligation extends for a period of two years after the date of injury. The act also requires that, where necessary, employers take actions or make investments to accommodate the injured worker's return to work, so long as these accommodative measures do not cause the employer undue hardship. Although the act appears to place reemployment obligations squarely on employers, the success of the reemployment provisions will also depend on the response of the other parties, namely injured workers and the workers' compensation board itself, to the obligations the act places on them. This article outlines the reemployment provisions of the act and examines the obligations the act sets out for each of the parties as well as the incentives to comply.
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