I am an RN who was injured on the job. I sustained a low back and neck injury. WSIB recently closed my file saying my problems are from the mild arthritis found on the bone scan. I did not know I had arthritis and had no pain before the injury. I am still receiving treatment for my injuries and am still seeing specialists regarding the injuries. I have been working for the past 15 months with restrictions and my physiotherapist wants me to continue with the restrictions. 3 weeks ago my employer told me they could no longer accommodate me and told me not to come to wor. I was not fired or laid off so cannot collect benefits, I can work, just not as a nurse so I am not eligible for LTD. I have used all my sick time and vacation time and will not have any more pay coming in. Do I have any rights here? This seems horribly wrong to me. I was injured at work and am contemplating bankruptcy because of the actions of my employer. I cannot believe this can happen in Canada. The union is grieving the hospital but that does me no good right now. Can they just leave me hanging in limbo like this? I am appealing the WSIB case and my consultant says I will have no trouble winning. I am not a horrible employee, I have never been fired, suspended, reprimanded or even written up. I just want to work. Please help. Thank you. Janet
Asked over 1 year ago in Windsor, Ontario
Categories:
Labour & Employment
 |
 Ontario lawyer
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Your union is doing the appropriate thing and grieving the failure of your employer to accommodate your injury. Under the Human Rights Code, your employer has the duty to accommodate to the point of "undue hardship". Since you have not provided any information as to the reasons given by your employer for not being able to accommodate you, I suggest that you speak to your union rep / lawyer and obtain further information about your rights and what recourses you may have, including an application to the Human Rights Tribunal. On a more practical and immediate level, I believe that you may also obtain social assistance from the Ministry of Community and Social Services, in these circumstances, to stave off bankruptcy, and they may place a lien on any property that you have, including monies that you would receive from a settlement (or decision) with your employer. You would have to check with them to be certain.
Posted over 1 year ago
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