Injured workers and employers have a variety of obligations under The Workers Compensation Act. To ensure the compensation system works smoothly and efficiently it’s important that workers and employers fulfill these obligations. To respond to cases where an individual or employer fails to comply with their responsibilities, the Act includes provisions for both fines and penalties.

 

Workers Compensation Board of Manitoba Summary of Administrative Penalties

 

 

 

What is the difference between a fine and a penalty?

 

Fines are amounts of money that the court can order a worker or employer to pay for an offence following a successful prosecution. 

 

Penalties do not require court proceedings. The WCB can, but is not required, to levy an administrative penalty for failing to comply with a provision of the Act. Penalties can be appealed through the Review Office or Assessment Committee and the Appeal Commission.

 

 

How much can an employer be fined?

 

Depending on the infraction the court can fine an employer as much as $7,500 and, in extreme cases, may order imprisonment for a term of up to three months.

 

 

How much can a worker be fined?

 

Depending on the infraction the court can fine a worker as much as $1,500 and, in extreme cases, may order imprisonment for a term of up to three months.

 

 

How is it decided whether a fine or a penalty should apply when someone commits an offense?

 

The WCB will decide if the offense should be referred to the court system or if a penalty will be imposed by the WCB. Only situations that are very serious and complex will be referred to the courts.

 

 

What are some examples of offenses where a penalty may be imposed?

 

If a worker is unable to complete the shift because of a workplace injury and if the claim is accepted by the WCB, the employer must still pay the injured worker for the full day. Employers who fail to pay injured workers for the day of the injury may be penalized.

 

If an injured worker fails to advise the WCB when he or she returns to work, he or she may be penalized.

 

A summary of administrative penalties is attached, including penalty amounts.

 

 

Can a penalty be appealed?

 

Yes, there are two levels of appeal available for employers and workers if they feel they have been penalized unfairly. The first step is to submit, in writing, information about the circumstances of the penalty and the reasons they feel the penalty was unfair to the WCB. If the appeal relates to WCB claim, please direct the appeal to the Review Office. For appeals relating to WCB premiums or other assessment issues, the appeal should be submitted to the Assessment Committee. 

 

If the employer or worker is not satisfied with the response from the Review Office or Assessment Committee, they can submit their information to the independent Appeal Commission. This is the final level of appeal.

 

If I have questions about fines and penalties who can I call?

 

If your questions relate to WCB claims, please call the WCB at 954-4321 or toll-free 1-800-362-3340.

 

If the fine or penalty relates to WCB premiums or other assessment issues, please call the WCB Employer Services Division at 954-4505 or toll-free 1-800-362-3340.

 

 

WORKERS COMPENSATION BOARD OF MANITOBA - SUMMARY OF ADMINISTRATIVE PENALTIES

 

The following penalties are effective April 1, 2006. However, to ensure workers and employers are advised of their obligations under The Workers Compensation Act and the penalties for not meeting those obligations, the WCB will provide a three month grace period to July 1, 2006, before implementing the amounts indicated. The WCB may, but is not required, to impose the following penalties.

 

Obligation Under The Workers Compensation Act	Penalty per Occurrence for Failure to Meet Obligation
Employers are required to report a workplace injury within five business days of becoming aware of the injury.	$225*
Employers may not attempt to induce a worker not to file an injury claim with the WCB.	$450
Employers may not take or threaten to take discriminatory action against a worker for reporting or attempting to report an employer for suppressing WCB claims.	$450
If a worker is unable to complete the shift because of a workplace injury and if the claim is accepted by the WCB, the employer must still pay the injured worker for the full day.	$225
Employers are required to advise the WCB when injured workers return to work following an absence due to a workplace injury.	$225 or 10% of the overpayment of wage loss benefits to the injured worker, whichever is greater.
Workers are required to advise the WCB when they return to work following an absence due to a workplace injury.	$225 or 10% of the overpayment of wage loss benefits to the injured worker, whichever is greater.
Employers may not deduct any amount from the wages of their workers to cover the cost of their WCB premiums.	$225
Employers and workers are obligated to follow the provisions of all WCB regulations.	$225
Employers are obligated to provide information to the WCB from time to time on workers’ earnings estimates, records of wages, nature of work statements, etc.	5% or 10% of their WCB assessment to a maximum of $5,000 depending on the infraction.**
Employers are obligated to provide accurate earnings information to the WCB for the purpose of assessment and from time to time, the data provided may be audited by the WCB.	15% of the difference in WCB assessment where the audit determines the employer under-reported their workers’ earnings.**
If a principal sub-contracts work to another firm or individual, it is the principal’s obligation to ensure that the sub-contracted firm or individual has provided all information required by the WCB and paid all premiums owing to the WCB.   Note:  The WCB’s online Clearance System is an easy way to check if sub-contractors have filed the required information and paid premiums to the WCB.  To access the Clearance System go to www.wcb.mb.ca and click on Clearance System under Online Services.	$225

*The existing amount for this penalty is $150.  This amount will be imposed for this infraction until July 1, 2006 when the new amount will be applied.

 

**This is an existing penalty that will continue to be applied as in the past.