Can I claim WSIB benefits for work-related mental stress?

Q: I feel like stress at work is causing me anxiety – do I qualify for Workplace Safety and Insurance Board benefits?

A: This is a common inquiry and source of dispute between workers, their employers and the WSIB. The answer has also changed over the last several years.

For some time, workers have qualified for WSIB benefits if they experience a serious traumatic event while working. However, the WSIB policies specifically denied any coverage for “cumulative mental stress” due to employment, which can lead to a diagnosis of anxiety or depression. That resulted in those claims being denied from the outset.

However, starting in 2018, the WSIB began to recognize “chronic mental stress” as compensable under certain conditions. Usually these conditions are either harassment or another substantial work-related stressor which is “excessive in intensity and/or duration” in comparison to what is normally experienced by people in that job. The extent to which other life stressors outside of work are playing a role is considered, as are any pre-existing psychological diagnosis. The WSIB also denies coverage for any claim made as a result of stress due to an employer’s decisions or actions related to employment, such as a layoff, demotion, discipline or termination.

As a result of these stringent criteria, it appears many of these claims are denied. If you find yourself in these circumstances, it’s important to not only know your rights with an appeal, but also be aware of other types of benefits, such as short-term disability or employment insurance sick benefits, that might be available while your navigate your claim and, hopefully, recovery. We regularly offer these initial consultations without charge to help people understand their legal options.

This article was originally published by The Hamilton Spectator.