I’m Struggling Due to Job Stress, Can I Be Compensated for My Time Off?
The Workplace Safety and Insurance Board (WSIB) has been accepting claims for chronic mental stress arising out of and in the course of a person’s employment since 2018.
Previously, the WSIB would only consider mental health claims if they involved a specific traumatic event or were a secondary result of a significant physical injury.
However, after about five years of the policy change, statistics showed that over 90 per cent of these claims were being denied, a rate far in excess of the WSIB’s average claims denial rate of 25 to 30 per cent.
To qualify for WSIB benefits under this policy, a person must show they have a diagnosed mental illness and that it is caused by a substantial work-related stressor — one that is excessive in intensity and/or duration compared to the normal tensions and pressures experienced by workers in similar circumstances.
Of course, one of the problems is that people struggling with significant workplace stressors are also often dealing with significant other stressors. A chicken versus egg causal argument could be made, but the truth is that few of us go into work every day totally mentally balanced and devoid of other stress in life. And burnout symptoms can cause other major challenges in life, including marriage difficulties, self-medication with substances, etc.
What this means in practice is that most WSIB claims for mental health conditions arising from a stressful job are denied, even if the job stress is one of the root causes.
However, another option is to claim benefits through a short- or long-term disability plan. This is often a better option as it’s not necessary to prove the “reason” for the condition (i.e. it doesn’t have to be work-related); what matters is that the condition is causing symptoms and that those symptoms are preventing a person from performing their job.
While short- and long-term disability claims for mental health conditions are also sometimes denied, I have found the denial rate far less than that of the WSIB.
Navigating the web of available compensation can be difficult, particularly when a person is dealing with mental health symptoms. If you find yourself in this situation and are uncertain how to proceed, feel free to contact at any time for a free consultation.
Free consultations help determine if you’re proceeding with the right benefit application, and how we might be able to assist.
This article was originally published by The Hamilton Spectator.
