Return to work

If my doctor and my physiotherapist say that I should remain off work until I see a surgen or I could be facing permanent spinal damamge, can my employer or WSIB make me take the risk and return to work?<br /><br />My company fought my claim from the get go and would not accomidate my restrictions until I was pulled from work.&nbsp; Now they submit my resume to WSIB and state that I am qualified to return to work in another area.&nbsp; This is a request I repeatedly made until I simply couldn&#039;t work any longer where they chose to keep me.<br /><br />Now WSIB is deciding to approve my off work claim or not and asked if I would consider returning to work if they worked with me.&nbsp; It&#039;s too late acording to my doctors as there could be a risk of permanent damage.&nbsp; Can WSIB deny my claim because I&#039;m afraid to return to work against my doctor&#039;s orders and force me to return to work for financial reasons?


Asked almost 5 years ago in Quebec
Categories: Workers' Compensation

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I should clearify that I know they can&#039;t force me to return to work but if my claim is denied then I will lose my home and not be able to support my children so I would have to return to work somehow.&nbsp; Does the company and WSIB have any liability if I return to work in this situation and am permanently injured?

Posted almost 5 years ago


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I&#039;m guessing there is no one to answer my question.&nbsp; Well here is an update.<br /><br />WSIB approved my claim in a written letter stating exactly the actions I took to reeducate myself within the company to remain on the job, the progression of my injury, the medication I take and that my &quot;time off has been proven to be medically authorized&quot;.<br /><br />They have referred the Return to work issue on request of my employer to a Return to work specialist that will meet with me and my employer at the company to discuss what work I can return to per my restrictions.<br /><br />I&#039;m not sure what will come of it as my restrictions state &quot;remain off work until medical intervention&quot; I have been instructed to remain off work until I see a neurosurgeon in January.&nbsp; I have been told that the risk for permanent spinal damage is to great to return to work and that risk can only be fully assessed by the specialist.<br /><br />It is my understanding that I can meet with the WSIB specialist, hear what my employer has to offer and take the return to work plan to my attending medical practitioner to see if they will allow me to try it.&nbsp; <br /><br /><strong>It this correct or do I have to say yes or no on the spot?</strong><br /><br />If I return to work now it is against medical advice.&nbsp; <strong>Am I allowed to get medical advice regarding a proposed return to work plan if a new one is offered?</strong><br /><br />Hope there is someone available that can answer my question.&nbsp; I&#039;ll just keep doing what I&#039;m doing a hope for the best.

Posted over 4 years ago


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I&#039;m guessing still no one available...<br /><br />Here is an update.<br /><br />return to wrok specialist called me and stated that unless i&#039;m hospitalized I must return to work in some manner.&nbsp; I was advised of the meeting date and time and told to move any medical appointments that might interfer.&nbsp; I explained that my Doctor and physiotherapist still stand behind my remaining off work and that I was willing to meet with her and the company but wanted to take any plan to my treating medical practitioner for approval. I was told I could not get approval prior to signing any document.&nbsp; She explained that I could take them a copy after I signed it and if I didn&#039;t sign her plan I would be deemed uncooperative and she would have my benifits cut off.<br /><br />I also explained that I&#039;m limited to about 1 to 1 1/2 hours up and about without having to take strong pain killers that put me to sleep.&nbsp; She stated very clearly that my appointment would be 2 hours, I was expected to attend the entire time and I would have to sign what ever she felt I could do despite my &quot;medically approved time off work&quot;.<br /><br />I will attend but will have to be driven as I can&#039;t drive any longer, I will have to be on strong prescribed pain killers and will not be able to sing any kind of documents simply due to my medicated state.&nbsp; If my medication knocks me out I will have to be taken from the company property by ambulance as I have a neck injury and can&#039;t be moved by someone else without risk.<br /><br />Am I the only one that thinks this is a big risk for something that will be resolved in 2 months by a specialist and already ordered by my doctor and approved by WSIB?

Posted over 4 years ago


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Follow up for those who are in similar situation....<br /><br />I had my return to work mediation and took a representative with me.<br /><br />I didn&#039;t know That in Ontario there is the:&nbsp; office of the worker adviser, the offer advice and representation for the injured workers and survivors on appeals of Ontario WSIB/WCb claims.&nbsp; <br /><br />This office will come with you to a return to work meeting if you are not represented by a union.<br /><br />I was glad that she came with me but over all I had to decide if I would accept the offer or not.&nbsp; If you have this situation maybe they can help you.&nbsp; Each situation is different but they are free and they understand the system.

Posted over 4 years ago


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Hello, just wondering can WSIB and work,, force you back when your Doctor advised you not to return until completion of you test.. I have a back injury 2 disk L4, L5 numbness to my right leg and now is reaching my left leg.. Can anyone advised??? never been on wsib before :-[ :-\\

Posted over 4 years ago


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To: Just Curious,<br />Just read your post after writing my.... very similar situation any update on your case????? were you forced back to work??? Hope all is well.. take care thanks for your post..

Posted over 4 years ago


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In Alberta we call it WCB, and they never force someone to return to work unless WCB&#039;s own doctor says it&#039;s okay. Their own doctor can override any claimant&#039;s doctor&#039;s decisions.<br />If one of WSIB/WCB&#039;s doctors didn&#039;t examine you, then I would ask your case worker to book an appointment for you.<br />Another choice would be to ask your case worker to send you for an MRI then to one of their doctors.

Posted over 4 years ago


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Hi just Curious:<br />I have read your postings and I can&#039;t believe what they are doing.. I to am off work due to a back injury, mind you its not as bad as yours but still an injury.. please post and give an update of what happened in the meeting and how your surgery went..

Posted over 4 years ago


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who do you work for a private company or an union company?<br /><br />If you work for a private contact a lawyer<br /><br />If you work for a union company contact your union<br /><br />Where do you live?<br /><br />If you needed more info. Contact the government.they have private companies that have info.<br />They h

Posted over 4 years ago


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<br />this is a post from a year ago and sorry to revamp it but i have been off work for 2 years due to an injusy sustained at work. <br />after and appeal it was decided i did have an injury at work.. that was sept of last year i still have seen nothing but agruments about whether work was available &lt;i was fired as i have said time and again but since the employer says i wasn't they keep asking rather than resolve&gt; and last one to resolve was whether i was still injured as of january last year because of chiroprcator final letter &lt;i had to move so i could have a roof over my head and am now 3 hours away as it was only place to get housing in a reasonable time frame&gt; after a phone call to my chiropractor from ME this was sorted out &lt;appearantly the adjudicator's copy was unreadable. <br />i should also mention I was forced back to work by the first adjudicator at least to light duties for 8 hours versus 4 hours by DR's orders and this ended after another stop in the hospital for back pain, migraine and nausea. BUT was told i was not in complience with back to work rule as per WSIB which was the reason for first adjudicator's refusal. <br />now 2 years later nothing resolved and still fighting them through OWA but at the fed up and really want to sue them instead.. I MUST now change careers as per DR's/specialists since i can no no longer do physical work of any sort <br />&nbsp;

Posted about 3 years ago

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