Employer Obligation to Pay and Repay Workers

Policy Purpose

The Workers Compensation Act (the Act) requires employers to:

• pay workers their full wages and benefits for the day of their workplace accident: and
• repay workers any amounts they have improperly deducted from workers’ wages or benefits, or required workers to contribute, in certain circumstances.

Where the employer fails to comply with these statutory obligations, the Act allows the Workers Compensation Board (WCB) to reimburse the worker, and to collect the amount of the reimbursement from the employer as a debt owing to the WCB.

This policy describes:

• the circumstances in which the employer is obligated to pay or repay the worker;
• the consequences employers may face for failing to comply with their payment/repayment obligations; and
• when the WCB will exercise its authority to reimburse the worker.