The amendments to the Workers Compensation Act under Bill 41 make suppressing claims a violation subject to penalty. WorkSafeBC has revised its processes for investigating claim suppression complaints and tips and carrying out any applicable enforcement actions. Occupational safety officer Jeffery Russell shares what employers and workers should know about these changes.

Jeffery Russell

Occupational safety officer, Prevention Field Services
Years on the job: 8
Region: Kelowna

By Sarah Ripplinger

What is claim suppression and why is it addressed under the Act?

Claim suppression occurs when an employer discourages a worker from reporting an injury, filing or maintaining a compensation claim, or receiving compensation under the compensation provisions. It’s addressed under the Act because workers have the right to file a claim should they be injured in the workplace.

What form do claim suppressions often take in the workplace?

Claim suppression activity can vary, and can include employers threatening, inducing, or making agreements with workers to not report a claim.

How does Bill 41 extend regulations surrounding claim suppression?

Before Bill 41, the Act already stipulated that an employer must not engage in suppressing injury reporting. Bill 41 made it a violation to include suppressing an application for a claim and maintaining a claim under the compensation provisions. 

How does WorkSafeBC receive tips on claim suppression?

WorkSafeBC receives tips through many avenues, from a worker reporting the suppression of a claim through the Prevention Information Line to internal reports from case managers, return‑to-work staff, and prevention officers. Evidence supporting claim suppression can come in the form of documents, text messages, witnesses to conversations, recordings, and employers admitting their own errors.

What types of actions are taken if a claim suppression is found to have taken place?

An employer will be cited for the violation under the Act. At that point, consideration will be given to enforcement in the form of an administrative warning letter or financial penalty. Penalties are based on the employer’s payroll under OHS policy item P2-95-2. A basic penalty is calculated at 0.5 percent of an employer’s payroll from the year leading up to the incident. 

How can a worker make a claim suppression complaint with WorkSafeBC?

Anyone can contact WorkSafeBC’s Prevention Information Line at 604.276.3100 in the Lower Mainland or toll-free at 1.888.621.7233. Workers can also make a complaint with their case manager or return-to-work specialist at WorkSafeBC.

What is a key takeaway for employers and workers regarding these changes?

When an incident occurs in the workplace, it’s the sole jurisdiction of WorkSafeBC to determine if it’s compensable under the Act. Both employers and workers should report all workplace injuries to WorkSafeBC and provide any known information.

Looking for answers to your specific health and safety questions? Send them to us at worksafemagazine@worksafebc.com and we’ll consider them for our next “Ask an officer” feature.

This information originally appeared in the Winter 2024 issue of WorkSafe Magazine. To read more or to subscribe, visit WorkSafe Magazine.

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