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Worker rights and responsibilities

Worker rights

Workers have the right to claim WCB benefits.

It is against the law for an employer (including a supervisor or manager) to prevent or discourage a worker from making a WCB claim.

It is against the law for an employer to punish a worker for reporting a workplace injury or claiming WCB benefits. This includes laying off, terminating, transferring or demoting the worker.

It is against the law for an employer to not pay you for your whole shift on the date of your workplace injury.

If you believe an employer has taken any of these actions, you have the right to report it to the WCB, and we will investigate.

Claim suppression

Claim suppression occurs when an employer (which can include a supervisor or manager) tells or encourages a worker not to make a WCB claim.

Claim suppression is against the law. Workers have a right to claim WCB benefits, and employers are required by law to report workplace injuries to the WCB within five business days of becoming aware of a reportable injury. The WCB publishes the names of employers who are penalized for these contraventions.

View employer administrative penalties here.

 

What claim suppression looks like

Claim suppression can happen in many ways. It can include an employer (or supervisor or manager) telling a worker: 

  • they will lose their job if they make a WCB claim 
  • not to make a claim or stop a claim so the company doesn’t get into trouble 
  • the WCB does not cover the injury 
  • they must use their sick time while away from work rather than file a WCB claim

If you have concerns that an employer is not reporting workplace injuries or engaged in claim suppression, report it to the WCB.

Worker responsibilities

Workers are responsible for making truthful and accurate statements to the WCB.

If you are receiving WCB benefits, tell the WCB of any changes in circumstances that may affect your entitlement to benefits. This can include:

  • changes to employment status, including participating in any concurrent work or self-employment activities, whether paid or volunteer 
  • changes to marital status or number of dependants 
  • changes to your symptoms or level of disability related to your workplace injury. 
  • plans to travel outside of the province 

If you are unsure whether a change may affect your entitlement to benefits, report it to the WCB so that we can make a determination.

Follow your healthcare provider’s treatment plan and attend any follow-up appointment.

Stay in touch with your employer regularly to ensure they know your progress and when you can return to modified/alternate work or your regular job duties. If you are receiving WCB benefits, notify the WCB when you are returning to work.

Learn about employer responsibilities under The Workers Compensation Act here.