Compliance for workers
This section will answer common questions you may have about your legal responsibilities while receiving benefits under the Workplace Safety and Insurance Act.
1. Cooperating in your early and safe return to work
2. You should report any material changes in your situation
3. Making false or misleading statements to WSIB is an offence
4. Examples of fraudulent or non-compliant behaviour
5. WSIB's Compliance Framework
6. Penalties for fraud and submitting false information
7. What can you do if you suspect someone is being dishonest with WSIB?
Cooperating in your early and safe return to work
When you receive WSIB benefits, you have a legal responsibility to cooperate in your own recovery process and in your return to work. This responsibility requires that you:
Contact your employer as soon as possible after the injury occurs and keep open lines of communication throughout your recovery process;
Help your employer find work for you that allows you to return to the workplace as quickly and safely as possible. (In return, your employer should take into account how your injury or illness affects your capabilities, and should attempt to find work for you that matches your pre-injury income as closely as possible.);
Give the WSIB any information we request relating to your injury or return to work;
If we determine that a worker is not cooperating in their health care, Return to Work, or Work Reintegration assessment or plan, we may reduce or suspend their benefits.
You should report any material changes in your situation
A material change is a change to your income, health status, job, or any other circumstance that might affect your entitlement to WSIB benefits.
You are required by law to tell us about any such change within 10 days.
If you are unsure about whether a change is material to your benefits, your adjudicator will be pleased to answer your questions.
Remember that failure to report such a change within 10 days could result in penalties, so it’s better to be safe than sorry.
Making false or misleading statements to WSIB is an offence
Any person who knowingly makes false or misleading statements to WSIB about any person’s claim for benefits is guilty of an offence.
This may result in charges under the Workplace Safety and Insurance Act (Sec. 149 (1)) or under the Criminal Code (Sec. 380).
Examples of fraudulent or non-compliant behaviour
Examples of possible offences that can be committed by a worker include:
- Falsely claiming that an injury is work-related (sec. 149(1) Workplace Safety and Insurance Act).
- Misrepresenting your level of impairment to receive WSIB benefits (sec. 149(1) Workplace Safety and Insurance Act).
- Working and receiving income while receiving WSIB benefits (sec. 149(1) and sec. 149(2) of the Workplace Safety and Insurance Act).
WSIB’s Compliance Framework
Understanding your obligations under the Act is an important part towards complying with the WSIB. We have a compliance approach to help you understand what you have to do. Check the eWSIA Learning series for employers to learn about your obligations, use our eServices to make doing business with us easier and discuss with staff concerns you have about audits or collection matters.
As a last resort, we will use enforcement against anyone who intentionally fails to comply. They will be liable for fines and/or imprisonment. Sections 149 to 157 of the Act set out the offense provisions. For example, under section 155, an employer cannot deduct from a worker's wages to cover the cost of WSIB premiums. On conviction, an individual is liable to a fine not exceeding $25,000 and a term of imprisonment not exceeding six months, or both. A company is liable to a fine not exceeding $100,000. Administrative penalties may also apply.
Penalties for fraud and submitting false information
What is the penalty for submitting false information under the Workplace Safety and Insurance Act?
Persons convicted under the Act can be subject to a fine of up to $25,000 and/or six months in jail for each offence.
Corporations convicted under the Act can be fined up to $100,000 for each offence.
The court may also order restitution of the full amount of money received in the commission of the offence.
What is the penalty for fraud under the Criminal Code?
Persons who commit a fraud exceeding a value of $5,000 can be sentenced to imprisonment for up to 10 years. Penalties may also include fines, probation, and/or an order to pay full restitution.
What can you do if you suspect someone is being dishonest with WSIB?
You can use our toll-free Action line or e-mail address to report suspected cases of non-compliance and fraud.
What happens after you report suspected fraud or non-compliant behavior?
A call record is created to record and track suspected fraud or non-compliant behaviour and may be counted as part of our statistical reporting. All call records are referred to the Regulatory Services Division for review and to determine appropriate action. Some call records are kept in the Regulatory Services Division to be investigated and some may be sent back to the operational areas within the WSIB, for administrative action.
What steps are taken to protect your identity?
- when reporting fraud or non-compliant behaviour, you are not required to provide your name, address, or any other information that may identify you
- under the Freedom of Information and Protection of Privacy Act and the Workplace Safety and Insurance Act any information you provide (other than information that identifies you) may be released to people including, but not limited to, the worker, the employer and their representatives
- we do not capture your email address if you send us a message through firstname.lastname@example.org. However, if you send us an email from your own email account, we will have your email address
- if you have concerns about internet security you can always use our toll-free action line:
1-888-SI-LEADS (1-888-745-3237) between 8 a.m. and midnight, Mon. to Fri.
Call Toll-free: 1-888-SI-LEADS (1-888-745-3237) between 8 a.m. and midnight, Monday to Friday.
Email us at: email@example.com 24 hours a day, 7 days a week.