Compliance Useful information related to 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. Cooperating in your early and safe return to work You should report any material changes in your situation Making false or misleading statements to WSIB is an offence Examples of fraudulent or non-compliant behaviour WSIB’s Zero Tolerance Strategy regarding fraud Penalties for fraud and submitting false information 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 labour market re-entry 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 Zero Tolerance Strategy regarding fraud In 1997 the Workplace Safety and Insurance Board announced a Zero Tolerance Strategy to ensure compliance and combat fraud. The Strategy included increased resources, a “tips” Action Line, and the authority to conduct surveillance. The WSIB will identify noncompliance, fraud and irregularities by workers, employers, providers and suppliers and take appropriate action. 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. The WSIB's zero tolerance fraud prevention strategy counts on the public to provide leads. 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 Please be aware that under the Freedom of Information and Protection of Privacy Act and the Workplace Safety and Insurance Act any information you provide may be released to people including, but not limited to, the worker, the employer and their representatives When e-mailing us directly from the WSIB website, we do not capture your email address. However, information you submit to us using your own e-mail allows for your e-mail address to be tracked. Every reasonable effort will be made to protect your personal identity Information you submit to us using the Internet is not secure while in transit to us You may wish to call our toll-free action line Call Toll-free: 1-888-SI-LEADS (1-888-745-3237) between 8 a.m. and midnight, Monday to Friday. E-mail us at: sileads@wsib.on.ca 24 hours a day, 7 days a week. Back to Top