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What if your employer's return-to-work offer isn't suitable?

Return to work is where many accepted claims become contentious. A modified-duties offer must genuinely respect your medical limitations — a job that exists on paper but not in practice, or one that exceeds your restrictions, can be refused. Refusing without medical support, however, can end your benefits.

What to do next

  1. Get your limitations in writing

    Have your physician state functional limitations precisely — weight, posture, repetition, hours. Vague restrictions are the root of most return-to-work disputes.

  2. Assess the offer against those limitations

    Compare the actual tasks to your restrictions. If it exceeds them, say so in writing with medical support rather than simply declining.

  3. Use the CNESST process rather than self-help

    Refusing without documented medical support risks benefit termination. Raise the mismatch through the CNESST, and contest any resulting decision within the stated period.

Frequently asked questions

Can I refuse unsuitable modified duties?

You can dispute an offer that exceeds your documented limitations, but do it with medical support through the CNESST process. Simply not attending risks your benefits.

Does my employer have to keep my job?

There are re-employment obligations in defined circumstances, subject to time limits tied to the size of the employer. Ask what applies to you.

What if my employer has no suitable work?

Rehabilitation and retraining measures may be available where you cannot return to your former job. Raise it early rather than at the end of benefits.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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