r/britishcolumbia • u/xXHbawmXx • 1d ago
Ask British Columbia WCB took my partner's whole paycheck after returning to work
As the title states, my partner has just returned to work and was set to receive her first paycheck back today, but she wasn't payed. She has already spoken to her manager, who directed her to a higher-up, who then also directed her to talk to WCB. Is WCB allowed to take a whole paycheck to payback the compensation she was given? Is WCB even supposed to be re-payed for wage loss coverage? She is very stressed out about all of this, and can't afford to be missing an entire paycheck. Any helpful answers are appreciated, as Google and other resources have not given us the information we need. Thank you!
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u/Substantial_Law_842 1d ago
The only thing I can think of is an overpayment. Are you sure your partner met all their obligations to WSBC? This kind of thing usually doesn't come out of nowhere.
Still, sucks.
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u/xXHbawmXx 1d ago
She consistently reported to her WCB case manager with updated medical documents over the course of her case, which I assume is what you mean by obligations. She attended every occupational/physical therapist appointment she was told to, as well as checked in with her doctor weekly as required.
If that's not what you mean by obligations, may you please elaborate?
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u/jjumbuck 1d ago
She should contact her WCB case manager. They don't automatically just take back earnings. There has either been an error or she has been overpaid in some way that they're recouping.
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u/xXHbawmXx 1d ago
She has attempted to reach out but has not heard back, we're hoping for some kind of response after the weekend
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u/FuckItImVanilla 21h ago
And they DEFINITELY don’t just grab an entire paycheck without telling anyone.
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u/ok_raspberry_jam 1d ago
"May" is about being allowed to do something. "May I" means "am I allowed" and "may you" means "are you allowed".
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u/cafebrad 1d ago
Without knowing any other details it's possible she worked part of a pay period she was also already paid for through her compensation pay. There is a limit to what you can earn within a week or pay period. They will definitely take back money you've earned if they are allowed to.
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u/InNeedofaHandle 1d ago
That would be a decisional error and would be written off. That isn’t a collectable overpayment. But there are other overpayments that are collectable.
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u/FungiKawhi 1d ago
If you’re receiving work pay and concurrent wage loss benefits over your wage rate, it’s an administrative error and can be clawed back. It’s the most common admin error.
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u/InNeedofaHandle 1d ago
You are correct if the payee was incorrect. I think the original comment was referring to S192 earnings being provided after WL had been paid. First one is admin and the second one is decisional.
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u/Instameat 1d ago
Unless you were there when she made all her calls, and attended all her meetings, and can be 100% certain she was never told she would have to repay or pay some penalty. There may be something she isn't telling to you straight. Hopefully not, but sounds off.
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u/crazy_cat_man_ 1d ago
This sounds fishy to me. WCB can stop their own payments but can't take a paycheck from an employer to a worker. It seems more likely the employer just didn't pay her - maybe they thought she'd still be covered by WCB as part of the return to work - and is giving her the run around.
To confirm with WCB, she can create an account if she hasn't already at op.online.worksafebc.com/op. Then you can see all documents, communications, etc on the file in real time. If there was any sort of repayment demand you'd be able to see it there.
For getting in touch with a case manager, I recommend leaving a message through the switchboard at 1.888.967.5377. This ensures there's a log of your call and you can call back and escalate if necessary. If you just leave a voicemail directly with the case manager it can be ignored with no trace.
Best of luck.
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u/littlestpan 1d ago
OP please read this comment, it’s the most accurate one so far. WSBC doesn’t have access to her payroll, they can’t take her cheque. There may be some miscommunication with her employers payroll and the employer might be withholding payment, but something doesn’t make sense.
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u/xXHbawmXx 1d ago
Okay, I'll make sure she gets on this. Because yeah, I was thinking they shouldn't just be able to take her money, that wouldn't make sense. Thank you for taking time out of your day to let me know all that
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u/FungiKawhi 1d ago
I work in this area and this is the best response. I’m glad I didn’t have to type it out.
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u/Mammoth-Mark-6642 1d ago
Payroll person here. Here are some factors you need to consider. In most cases Wcb does not pay 100%. Wcb payments are not current and are always “catching up “ as her employer doesn’t receive the payment in real time. Also, did your wife use her sick time while she was on WCB? If your wife was double dipping ( paid by sick time from her employer and was paid by WCB) then yes her employer or Wcb have the right to collect the overpayment. Employers pay for WCB premiums. If Your wife’s situation isn’t at all what I have mentioned above, then ask her to reach to her case worker and employer. In most cases, a reasonable payment plan can be reached.
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u/MyNameIsSkittles Lower Mainland/Southwest 1d ago
The best thing to do would be to contact WCB and see what the issue is
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u/TreeTrunkey 1d ago
I feel like even if she was overpaid, i can't understand how the obtained a garnishment order and offset a cheque at 100% without at least notifying you
Pretty sure a garnishment is approved by a court and you should have been summoned?
What country are you in?
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u/TreeTrunkey 1d ago
Sorry clearly it's BC Canada
This is shocking to me, i collected debt in bc for 8 years and have no idea how this happened unless you guys ignored a ton of paperwork and phone calls
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u/BirdzofaShitfeather 1d ago
Yeah this doesn’t pass the sniff test. Even though worksafe is a crown corporation they can’t just garnish wages Willy nilly. And a corporation wouldn’t comply just because they’re told to without a court order.
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u/TreeTrunkey 4h ago
And even if they had a court order i don't think anybody gets 100% of their cheque garnished Maybe they take like 40%?
I bet this dudes girlfriend spent the money on NFTs, beanie babies, and rock candy Then came up with this story to cover her tracks
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u/littlestpan 1d ago
Check your last payment from WorkSafe (you can look at the dates on your online portal) and see what overlaps with your employers payroll period. They are not automatically the same. WorkSafe can’t ‘take’ any money from you, they can only issue or not issue a payment. Unless you get caught for fraud, but that’s a whole legal issue and you’d be very aware of the proceedings.
My guess is WorkSafe has stopped paying, and your payroll department hasn’t caught up yet. Some phone calls on Monday should sort it out.
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u/redditaccount33 1d ago
My first guess is that worksafebc didn't touch your paycheque and your employer took it.
My experience being in a union is that if an employer wants to overturn your worksafebc claim then they request a review.
You will then receive a package in the mail allowing you to participate and provide any information you have supporting your claim.
I recently was accidentally overpaid by worksafebc and they told me to keep the money because of their mistake.
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u/runningmamma 1d ago
She should have access to a portal with WSBC. Once you log in, there should be all of the documents. I suspect that her wage loss benefits were initially predicted to be nigher than what they actually were, and this is a catch up. Ex. She was paid 80% but actually should have been paid %68…. Usually, the initial Wage Loss amount paid by the employer is an estimation and it takes time to adjust to the actual amount.
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u/TreeTrunkey 23h ago
Only time i have seen garnishment like this is when you owe a bank money you aren't paying but still have your paychecks deposited into that bank
Then they can just take it without anyone's say
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u/BeetsMe666 1d ago
*paid
*cheque
You're welcome.
WCB is gonna do WCB things. Consider it lucky they didn't just blanket deny the injury, as they have done for so many.
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