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Collection and Legal Action


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Legislation
The Workplace Health, Safety and Compensation Act gives the Commission the legal right to collect assessments from employers who are required to register for workers’ compensation coverage in this province.  Through legislation, the Commission automatically has a lien on all assets of an employer for unpaid assessments and is not required to go to court to take action on that lien.   

When an employer does not pay their assessments or make suitable payment arrangements, our collection staff may contact the employer to devise a payment arrangement that is agreeable to both the employer and the Commission.    

If an agreement cannot be reached, we will proceed with legal action to collect the outstanding balance.  Legal action can include garnishing bank accounts, third party attachments and seizing company assets. The cost of such legal action is the responsibility of the employer. 

If an incorporated entity fails to pay its assessments, the directors of the corporation at the time of default are jointly and individually liable to pay the assessment. In the event that we pursue a director in relation to the outstanding assessments, the Commission may execute the same legal actions against the directors as it did against the company.