If a worker is entitled to benefits as a result of a work-related injury/disease, the employer is required to pay the worker's full wages and employment benefits for the day of injury.
The WSIB presumes the employer has paid the worker's wages and employment benefits appropriately unless informed otherwise. Wages include overtime scheduled for the day of injury.
Failure to comply
If an employer does not pay these wages and employment benefits, the WSIB pays these amounts to, or on behalf of, the worker.
An employer who fails to meet this obligation must pay the WSIB the amount owing to the worker, as well as any amount which should have been paid on the worker's behalf. The amount owed by an employer for failing to comply is charged to the employer's account, and its payment is required in the same manner as any other payment that is due to the WSIB.
This policy applies to all decisions, for all accidents on or after January 1, 1998.
This document replaces 15-01-08 dated June 15, 1999.
Workplace Safety and Insurance Act, 1997, as amended
Sections 24, 90(2)
#11, June 11, 2004, Page 366