WSIB CLAIM SUPPRESSION - IT IS AGAINST THE LAW

WSIB claim suppression is a serious issue that can have significant consequences for workers in Ontario. Claim suppression occurs when an employer discourages or prevents an employee from reporting a workplace injury or filing a claim with the Workplace Safety and Insurance Board (WSIB). This practice is illegal and can leave workers without the support and benefits they deserve.

What is Claim Suppression?

Claim suppression can take many forms, including:

• Threats or Intimidation: Employers may threaten workers with job loss, demotion, or other negative consequences if they report an injury or file a WSIB claim.

• Encouraging False Claims: Some employers might encourage workers to use their personal health insurance or sick days instead of reporting a work-related injury.

• Discouraging Reporting: Employers may downplay the severity of an injury or suggest that it's not worth filing a claim.

The Impact on Workers

When workers don't file WSIB claims due to suppression, they miss out on essential benefits such as wage replacement, medical coverage, and support for rehabilitation. This can lead to financial hardship, prolonged recovery, and, in some cases, further injury or health complications. Claim suppression also undermines workplace safety by masking the true extent of workplace hazards.

The Law

Claim suppression is governed by Section 22 of the Workplace Safety & Insurance Act.

Prohibition, claim suppression

22.1 (1) No employer shall take any action, including but not limited to the prohibited actions set out in subsection (2), in respect of a worker with the intent of,

(a) discouraging or preventing the worker from filing a claim for benefits under section 22; or

(b) influencing or inducing the worker to withdraw or abandon a claim for benefits made under section 22. 2015, c. 34, Sched. 3, s. 1.

Same

(2) For the purposes of subsection (1), the following actions are prohibited:

1. Dismissing or threatening to dismiss a worker.

2. Disciplining or suspending, or threatening to discipline or suspend a worker. 

3. Imposing a penalty upon a worker. 

4. Directly or indirectly intimidating or coercing a worker with threats, promises, persuasion or other means. 2015, c. 34, Sched. 3, s. 1.

Legal Protections for Workers

In Ontario, workers have the right to report workplace injuries and file WSIB claims without fear of retaliation. The law prohibits employers from engaging in claim suppression, and significant penalties can be imposed on employers who engage in this illegal practice. Workers can report suspected claim suppression to the WSIB or seek legal advice to protect their rights.

What to Do if You Suspect Claim Suppression

If you believe your employer is engaging in claim suppression:

1. Document Everything: Keep a detailed record of any conversations, emails, or actions that suggest claim suppression.

2. Report the Issue: Contact the WSIB or a legal professional to report the issue. The WSIB has mechanisms in place to investigate and address claim suppression.

3. Seek Support: Talk to a union representative, if applicable, or consult with a lawyer or paralegal who specializes in WSIB law.

   
   

Conclusion

Claim suppression is not just an unethical practice—it’s illegal and harmful to workers. If you're injured at work, it's crucial to understand your rights and take the necessary steps to ensure you're protected. The WSIB is there to support injured workers, and no one should be discouraged or prevented from accessing the benefits and care they need.

My office has been representing injured workers in Ontario since 1994.  Whereas I’ve seen instances of claim suppression throughout my career, I have seen a rise in the number of workers who visit or call me telling me that their employer tried to discourage the filing of a claim for one reason or another. Know your rights as well as your obligations if injured in Ontario.  Book a free, no-obligation consultation with my office to ensure you avoid common pitfalls made by workers early on in their claims.