We all have a right to go home safely at the end of the workday. But sometimes, incidents occur. From day one on the job, workers in British Columbia are covered by WorkSafeBC insurance if there’s a work-related injury or illness. Even if the worker is from another country or working temporarily in B.C., they have the same rights as any other worker in the province.
When a worker is injured on the job, employers have a legal obligation under the Workers Compensation Act to report the incident to WorkSafeBC. When an employer discourages a worker from reporting an injury or filing a claim, this is called claim suppression. Regardless of how the suppression occurs, it is wrong and in direct violation of the Act. Recent amendments to the Act under Bill 41 now make suppressing a claim a violation, which means WorkSafeBC can apply financial penalties if an employer violates this law.
What does claim suppression look like?
Claim suppression can look different depending on the workplace, but can include threatening, inducing, or making agreements with workers not to report a claim.
Claim suppression may be very evident:
A young worker sustains a serious laceration at work. While driving the worker to the hospital, the owner of the company tells them to say the incident did not happen at work and threatens to fire them if they do not comply. The employer does not report the injury to WorkSafeBC.
Or the suppression may appear more subtle:
A worker sustains a workplace injury and seeks medical treatment for their injury. Before the worker makes a claim, the owner of the company tells the worker that if a WorkSafeBC claim is made, the company will lose its ability to bid on certain types of contracts, which will put everyone’s jobs at risk. The employer does not report the injury to WorkSafeBC and has the worker use sick time instead.
Penalties for suppressing a claim
WorkSafeBC gets tips about claim suppression from many sources, including workers, case managers, return-to-work staff, and prevention officers. WorkSafeBC takes these tips very seriously and will investigate any report by gathering evidence through documents, text messages, witnesses, and recordings.
WorkSafeBC — not the employer — determines if an injury should be compensated under the Act. This means that workers and employers should report all workplace injuries immediately and provide any information they have.
Everyone has a role to play
Health and safety in the workplace is a shared responsibility. Employers must ensure the health and safety of everyone on their worksite. And workers need to follow safe work procedures and speak up if they see something unsafe. By law, employers cannot punish workers for raising a health and safety issue. Instead, they are required to:
- Provide proper orientation, training, and supervision
- Ensure workers know and understand the hazards in their workplace
- Investigate and take corrective action without delay if a worker reports a health and safety concern
- Ensure workers know how to report workplace injuries and illnesses
Preventing workplace injuries and illness is about more than just following rules and regulations. It’s about creating a health and safety culture where people can talk openly, focus on preventing injuries, manage safety risks, and show they care about protecting workers.
Find Support
WorkSafeBC’s Prevention Information Line is available to answer any questions about general health and safety concerns and regulation requirements, but also to report any serious incidents, unsafe work conditions, or health and safety concerns. They can be reached at 604.276.3100 in the Lower Mainland or toll-free at 1.888.621.7233.
