WSIB to apply Penalties for Claim Suppression

Late last year, the Legislature passed Bill 109 which included provisions prohibiting employer claim suppression. The WSIB has now approved a plan that includes administrative penalties for claim suppression which start at $5,000 and increases to $10,000 per incident.

The proposal includes targeting employers "at higher risk of non-compliance with accident reporting obligations." The penalty will be applied following an audit if an incident of claims suppression is determined. The audit may also result in levying penalties for late reporting of workplace accidents. The WSIB is considering increasing the penalty for late reporting of a workplace accident to $1,000.

Regulatory Services will have discretion to reduce a claims suppression penalty and/or the total amount of penalties if the magnitude is considered punitive under the circumstances.

It is proposed that the program be implemented by 2018.