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Penalties for non-compliance in the Work Reintegration process for employers

What are the penalties for non-co-operation in the Work Reintegration process for employers?

Most workers and employers co-operate in the Work Reintegration process. However, in cases where the WSIB determines either you or your worker is not co-operating in fulfilling your legal obligations, you may be penalized.

Policy # 19-02-02 Responsibilities of the Workplace Parties in Work Reintegration sets out the obligations you and your worker have in the Work Reintegration process and, when applicable, your obligation to re-employ your injured worker. The WSIB informs and educates both you and your worker about your obligations to co-operate. Penalties for non-co-operation that apply to employers include:

  • The initial non-co-operation penalty is 50 per cent of the cost of the wage-loss benefits to your worker. This penalty comes into effect seven WSIB business days from the date of the WSIB’s written notice to you.
  • If your non-co-operation continues past the 14th calendar day following the date the written notice comes into effect, the WSIB levies a penalty of 100 per cent of the wage-loss benefits payable to your worker, plus 100 per cent of any costs associated with providing work transition services to the worker. The full, combined penalty can last up to 12 months.
  • If you are a small employer who employs fewer than 20 workers, the initial non-co-operation penalty comes into effect 14 WSIB business days from the date of the WSIB’s written notice to you. This recognizes that you may not have the same capabilities and/or resources immediately available to achieve Work Reintegration outcomes.

If the WSIB is notified that you have started co-operating again, they will stop the non-co-operation penalty on the day following the day they are satisfied of your renewed co-operation. This applies to all employers.

Related Info

When applicable, you can also be penalized for not fulfilling your re-employment obligations. If you’re an employer in a non-construction sector, read What are the re-employment penalties for non-construction employers?

If you’re an employer in the construction sector, read What are the re-employment penalties for construction employers? Information on re-employment penalties for Construction Sector employers is also found in Policy # 19-05-04, Re-employment Penalties and Payments - Construction Industry.

Penalties for non-co-operation of workers in the Work Reintegration process

Most workers and employers co-operate in the Work Reintegration process. However, in cases where the WSIB determines either party to be not co-operating with their legal obligations, they may be penalized.

Policy # 19-02-02 Responsibilities of the Workplace Parties in Work Reintegration sets out the obligations you and your worker have in the Work Reintegration process and, when applicable, your obligation to re-employ your injured worker. The WSIB informs and educates both you and your worker about your obligation to co-operate. Penalties for non-co-operation that apply to workers include:

  • The initial non-co-operation penalty is a 50 per cent reduction in the worker’s wage-loss benefits. This penalty comes into effect seven WSIB business days after the date of the WSIB’s written notice to the worker
  • If your worker’s non-co-operation continues past the 14th calendar day following the date the written notice comes into effect, the WSIB suspends their wage-loss benefits
  • For work transition activities where your worker’s non-co-operation continues past the 14th calendar day, the WSIB terminates their work transition assessment and/or work transition plan in addition to reducing their wage-loss benefits

Your worker’s wage-loss benefits remain reduced/suspended until they start co-operating again. Their benefits are restored on the day after the WSIB is satisfied of their renewed co-operation in the process.

Related Info:

What are the re-employment penalties for non-construction employers?

In addition to an obligation to co-operate in the Work Reintegration process, employers who meet certain criteria also have an obligation to offer to re-employ their injured or ill worker who is medically fit to return to their pre-injury job or suitable work.

If you are an employer in a non-construction industry, you have a re-employment obligation if the following three conditions exist:

  • Your worker has been "unable to work" as a result of their work-related injury or illness
  • Your worker has been continuously employed by you for at least one year before the date of injury, and 
  • You regularly employ 20 or more workers

You may be penalized if the WSIB determines that you are not fulfilling your re-employment obligations. Examples include:

  • You can be fined up to the equivalent of your worker’s net average earnings for the year before the injury
  • The WSIB may also make re-employment payments to your worker or pay your worker loss of earnings (LOE) benefits, depending on whether he or she is fit for the essential work duties of their pre-injury job or fit for accommodated or alternate work

Failure to comply with both co-operation and re-employment obligations

If you are found to be in breach of both your co-operation and re-employment obligations during overlapping periods in the same claim, the WSIB will levy a single penalty. The penalty levied will be the higher of the two. 

Where the non-co-operation or re-employment breach occurs at different times in the same claim, the WSIB may levy more than one penalty.

If you are a Construction Sector employer, read What are the re-employment penalties for construction employers?

Information can also be found in  Policy # 19-05-04, Re-employment Penalties and Payments - Construction Industry, or you can ask your Account Specialist for more information.

What are the re-employment penalties for construction employers?

 Effective September 1, 2008, a new regulation on re-employment took effect for all employers in the Construction Industry, including those with less than 20 workers.

If you are a construction employer, you have a re-employment obligation if your injured construction worker has been unable to work because of the work-related injury/illness. Your worker is considered unable to work if, as a result of the work-related injury/illness, he/she:

  • Is absent from work
  • Works less than regular hours, and/or
  • Requires accommodated/modified work that pays, or normally pays, less than their regular pay

Your obligation to re-employ begins when you are notified that your injured construction worker, who has been unable to work, is medically able to perform:

  • The essential duties of their pre-injury job
  • Suitable construction work, or
  • Suitable non-construction work.

Your obligation to re-employ ends the earliest of:

  • Two years from the date of your worker’s injury/illness
  • One year after your worker is medically able to perform the essential duties of their pre-injury job
  • The date your worker declines an offer of work, or
  • The date your worker reaches age 65

You may be penalized if the WSIB determines, following a warning and appropriate notices, that you are not fulfilling your re-employment obligation. The WSIB may:

  • Issue a re-employment penalty to you not exceeding your worker’s net average earnings for the year preceding the injury/illness, and
  • Make re-employment payments to your worker or pay your worker loss of earnings (LOE) benefits for a maximum of one year

For additional information on re-employment obligations and penalties for Construction Sector employers, read these policies or contact your Account Specialist or your worker’s Case Manager: 

Related Info:

 

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