Relating to Ontario, Canada* How do I determine if I am

Good morning,

With respect to non-union construction workers, the answer is generally yes but there are exceptions. If a non-union construction worker has been unable to work due to a work-related injury, the re-employment obligation applies as long as the employer continues to employ non-union workers during the period of the re-employment obligation. The obligation starts on the day the employer receives notice that the worker is medically able to perform the essential duties of his or her pre-injury job, suitable construction work, or suitable non-construction work.

The re-employment obligation continues until the earliest of:

• two years from the date of injury
• one year after the employer receives notice that the worker is medically able to perform the essential duties of his or her pre-injury employment (with or without accommodation)
• the date on which the worker declines an offer from the employer to re-employ the worker (unless it is a "fit for essential" worker only capable of suitable work) , or
• the date on which the worker reaches 65 years of age.

The above is a general framework but if you would like to review further information as it relates to your specific situation on threshold, obligations, exemptions, and compliance I have attached the WSIB link here:

https://www.wsib.ca/en/operational-policy-manual/return-work/re-employment-construction-industry

Let me know if you require further information or clarification.

The construction industry is exempt from that requirement under s.41(8) of the WSIA. Re-employment for the construction industry is governed by the following Ontario Regulation:

https://www.canlii.org/en/on/laws/regu/o-reg-35-08/latest/o-reg-35-08.html