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Investigations and penalties

At the WCB, we are committed to maintaining a fair, transparent and accessible workers compensation system. Understanding your rights and responsibilities helps keep the system strong for everyone.

Our commitment

Educating stakeholders: We provide clear information about the rules and obligations within the workers compensation system. 

Identifying vulnerabilities: We develop tools to spot areas of weakness and provide additional support where needed. 

Enforcing compliance: We take action against those who fail to follow the law. 

Employers and other stakeholders are responsible for fulfilling their obligations under The Workers Compensation Act (the Act).  

Every report of suspected non-compliance is evaluated and, if there is sufficient information, an investigation will take place. If an investigation finds that a stakeholder has not fulfilled their obligations, they may be subject to penalties.  

The WCB publishes penalties to educate employers and workers about their legal responsibilities.  

View the list of those who have received a penalty here. 

A penalty may be imposed for the following violations:

Violations by employers

Penalty

Discouraging or preventing a worker from making or pursuing a WCB claim. 

$4,000 – $6,000

Retaliation against a worker for making a WCB claim, seeking medical attention for a workplace injury or exercising another WCB right. 

$4,000 – $6,000

Failure to re-employ an injured worker. 

 

For most cases, the worker’s average earnings for three, six or twelve months before the incident. See the Act Administrative Penalty Regulation. 

Failure to report a workplace injury to the WCB. 

$500

Failure to provide claim-related information requested by the WCB.  

$500

Making a worker pay WCB costs (i.e. wage deduction). 

$225 plus reimbursement to impacted workers 

Failure to pay a worker for the entire shift on the date of the incident. 

$225

Payroll violations by employers

Penalty

Inaccurate payroll information submitted to calculate the annual assessment amount. 

$500

Failure to keep payroll records and/or provide information about nature of the work. 

$500 – $5,000

The WCB does not receive the required payroll information by the due date. 

5% of current year’s premiums up to a maximum of $5,000 

The WCB does not receive the required payroll information. 

10% of current year’s premiums up to a maximum of $5,000 

Under-reporting of actual payroll figures. 

 

15% of the difference in premium between the audited and actual payroll up to a maximum of $5,000 

Violations by workers

Penalty

Failure to advise the WCB of returning to work while receiving wage loss benefits. 

Greater of $225 and 10% of claim overpayment 

False statement affecting worker’s entitlement to compensation.  

$500 – $5,000

Failure to disclose a material change in circumstances. 

$500 – $5,000

General violations 

Penalty

Failure to comply with a WCB request to produce information or records. 

$500 – $5,000

Payroll interest

The WCB may also charge or pay interest on accounts with a difference of more than 25% between your business’ under or overstated payroll estimate and the actual payroll submitted. Please note interest on inaccurate payroll estimates will not be charged or owed if the charge amounts to less than $50 for the year or the credit is less than $10. The Interest and Financial Matters Regulation (123/2021) sets out the interest rates the WCB may charge or pay on accounts.

Can penalties be reconsidered or appealed?

You can ask the WCB to review the imposition of a penalty. The first step is to ask the original decision maker to review their decision to impose a penalty and explain why you disagree with it in writing.

If you still disagree with their decision, you may request reconsideration to the Review Office except for penalties for false statements, claim suppression, discriminatory action and breach of the re-employment obligation. Those penalties may be appealed directly to the Appeal Commission.

The independent Appeal Commission is the final level of appeal for all disputes regarding administrative penalties.

Contact us if you have questions about penalties.

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