Employer Penalties for Failure to Provide Timely Notice of a Work-Related Injury

June 30, 2017 - June 30, 2022

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General Information

The Employer’s Report of Injury/Illness form provides the Yukon Workers’ Compensation Health and Safety Board (YWCHSB) with important information needed to adjudicate and manage a claim efficiently and effectively. Section 10(1) of the Workers’ Compensation Act, S.Y. 2008, c. 12 (the Act) requires that employers report any work-related injury, or the possibility of any work-related injury that comes to their attention within three days of receiving the information. The employer must report even if they are not sure the injury is work-related. Late reporting by employers causes delays in processing claims and interferes with the early and safe return to work process. It may also cause an injured worker financial hardship due to possible delays in receiving benefits. 

Late reporting by employers could result in increased claims costs, which could lead to higher assessment premiums. Section 10(3) of the Act gives YWCHSB authority to levy a penalty against employers who fail to report work-related injuries within the time required. YWCHSB may also conduct an investigation and charge the costs of that investigation to the employer.

There are also injury reporting requirements for employers set out in the Occupational Health and Safety Act R.S.Y. 2002, c. 159 (the OHS Act). The employer may also be subject to investigation or enforcement actions taken under the OHS Act, which are separate and distinct from the financial penalties under the Act for failure to report injuries within the time required. 

The Occupational Health and Safety Regulations (O.I.C. 2012/73) Part 18, “Minimum First Aid Requirements”, set out a requirement for employers to have an internal reporting and recording system for all injuries that happen in the workplace. This information must be made available to a Safety Officer on inspection. 

Purpose

This policy provides information to employers about: 

a) their responsibility to have a process in place that facilitates reporting and recording of injuries in the workplace; 

b) their responsibility to report any work-related injury or the possibility of any workrelated injury to YWCHSB within three days of receiving information about it;

c) how reporting on time helps YWCHSB to provide workers with timely adjudication and facilitates early and safe return to work.