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Overpayments

Once your claim is accepted, you may be entitled to certain benefits from the Workers Compensation Board (WCB). If you were paid more benefits than you were entitled to receive, you have been overpaid.

Although we do our best to prevent overpayments from happening, they sometimes do occur.

You can help minimize or prevent overpayments by promptly calling your WCB representative in any of the following situations:

  • if you return to work  
  • if you are receiving partial wage loss benefits and your employment income has increased  
  • if you receive other benefits or income (e.g., CPP disability benefits or employment insurance) while receiving WCB benefits 
  • if there is a change in your circumstances that may affect the benefits paid to you  
  • if you realize that the WCB has incorrect information about your earnings or you receive more WCB benefits than you expected. Wage loss benefits are usually paid based on 90% of your net earnings (see the Calculation of Wage Loss Benefits fact sheet for more information)  

If you are unsure whether a benefit or other income you receive will affect your wage loss benefits you should discuss the matter with your WCB representative. They can explain how your benefits are calculated and make any changes to minimize or prevent an overpayment.

Overpayment resolution process

When we become aware of an overpayment, your benefits will be recalculated. You will be advised verbally and in writing of the amount of the overpayment and an explanation of how the overpayment occurred. We will then work with you to set up a repayment schedule.

Your employer will also be informed about the overpayment.

If, after having received an explanation for the overpayment, you disagree that there was an overpayment or disagree with the amount of the overpayment, you may appeal in writing.

If you need help to appeal, contact your union or the Worker Advisor Office.

Once you submit a formal written appeal of your overpayment, we will temporarily suspend collection efforts until after the appeal is decided.

If the outcome of your appeal is that you still have an overpayment, the WCB will resume efforts to collect the overpayment.

If you continue to receive wage loss benefits after the overpayment is discovered, we will arrange to deduct repayments from your ongoing wage loss benefit payments. Your WCB representative will consult with you to determine a repayment schedule.

If you no longer receive benefits when the overpayment is discovered, the overpayment can be repaid in a lump sum, or you can make arrangements to repay the amount in installments. Repayment arrangements will depend on the amount owing and your ability to pay.

Overpayments can also be recovered from any future amounts owed to you by the WCB, such as:

  • future benefits on your current claim
  • future benefits on a different claim
  • permanent partial impairment awards
  • reimbursement for claim related expenses you paid, such as prescriptions, travel costs, etc.
  • special additional compensation or long term wage loss benefits
  • amounts held by the WCB for retirement annuities (including your voluntary contributions)

Repayment plans

If you cannot afford to pay back the money now, call your WCB representative or our Collections Department at 204-954-4505, option 2. They will discuss your financial situation with you to arrange a satisfactory repayment plan.

If we determine that repaying the overpayment would cause you severe financial hardship, we may temporarily defer collection efforts until your financial situation improves. We will contact you periodically to discuss whether you are now in a position to begin repayment.

If you are unwilling to negotiate a suitable repayment plan within a reasonable amount of time, we may refer the collection of your overpayment to an external agency or legal action may be taken to collect the overpayment from you.

Legal action may include garnishment of wages or personal bank account(s) and/or judgement against personal property in the form of a lien. You will be responsible to pay for the costs of these actions and your credit rating will be negatively affected.

If you have another WCB claim in the future, we may deduct the outstanding balance of the overpayment from those benefits.

Related links

Workers compensation benefits