Like a physical workplace injury, a psychological workplace injury claim begins by reporting the injury to the WCB.
We understand that it can be challenging to recognize and seek help for a psychological injury. To help workers receive timely diagnosis and treatment, the WCB has a Psychological Care Process that provides access to psychologists and a network of counsellors.
It can also be difficult to know whether a psychological injury is work-related or eligible for WCB coverage. Read on to learn more about the types of psychological injuries that may be covered, along with examples of situations where a claim could be accepted.
Psychological injuries from traumatic events
Like work-related incidents that cause physical injuries, exposure to work-related traumatic events can cause psychological injuries. For example:
- A paramedic responding to serious accidents throughout their career.
- A construction worker who witnesses a serious fall.
- A security guard who was violently attacked during a recent shift.
While the signs of injury may not always be visible, each of these individuals has been exposed to a traumatic event and could be entitled to compensation for a work-related injury.
To be entitled to compensation, a worker must be diagnosed with a trauma or stressor-related disorder by a psychologist or psychiatrist following work-related exposure to a traumatic event. Traumatic events are defined as actual or threatened death, serious injury, or sexual violence.
If the above criteria are met, the WCB presumes that the diagnosed condition is work-related, unless proved otherwise.
Psychological injuries caused by work-related harassment
Work-related harassment can take many forms, including verbal aggression, personal attacks, and other intimidating or humiliating behaviors.
We understand that experiences of harassment can have a significant impact on mental health. To determine eligibility for compensation, we assess whether the harassment occurred and was related to work, and whether it led to a psychological injury that has been diagnosed by a psychologist or psychiatrist.
What are some examples of behaviours or comments that might constitute workplace harassment?
Example 1:
Rosie is an administrative assistant who works from home. One of Rosie’s clients started calling her work cell phone repeatedly to insult, threaten, and berate her. Rosie called the police, and the client has been charged with criminal harassment. Rosie has been diagnosed with Trauma Disorder NOS (not otherwise specified).
Likely claim outcome: Probably accepted. The harasser is a client which qualifies the situation as work-related.
Example 2:
Sandra is a nurse who works in a health care facility. Sandra and the other nurses in her work unit are social media friends. Michelle, Sandra’s co-worker has been posting pictures of the clothes Sandra wears to social media with sarcastic remarks about them. The other nurses are adding their own remarks to social media as well. This continues for months, and Sandra is diagnosed with Generalized Anxiety Disorder (GAD).
Likely claim outcome: Probably accepted. The harassment, although taking place on social media, involves the members of the work unit and extends to the workplace.
Like all injuries, each injured worker’s situation is unique. These sample scenarios provide likely outcomes based on the Psychological or Psychiatric Condition (POL- 01) policy.
What are some examples of behaviours or comments that would not be considered workplace harassment?
All reports of workplace harassment should be taken seriously. However, not every unpleasant interaction, instance of disrespectful behaviour, or workplace conflict is considered workplace harassment.
Expressing differences of opinion, offering constructive feedback, guidance or advice about work-related behaviour, if undertaken in an appropriate manner, is not considered workplace harassment but may turn into harassment if steps are not taken to resolve the conflict.
Example 3:
Bob is a construction worker who has kids that participate in hockey. His co-worker Hank also has kids in hockey. Hank has been yelling at in the rink about his kid’s ability to save goals and discussing Bob and his kid’s skills with other parents. Hank does not discuss hockey at work. Bob has been diagnosed with Generalized Anxiety Disorder (GAD).
Likely claim outcome: Probably not accepted. The harassment is not work-related.
Learn more about what may or may not be considered work-related harassment in our FAQ.
Benefits for accepted psychological injuries
When a claim for psychological injury is accepted, the WCB may provide the following:
- Health care benefits such as medication, psychological or counselling assessments and services, etc.
- Temporary wage loss benefits to reduce the financial impact of missing time from work without pay.
- Expense reimbursement so you can get to necessary treatment and services without paying out of pocket.
- Programs and services to help you get back to work.
- And more.
We understand that you may need additional support while waiting for a decision to be made on your claim. We encourage you to explore programs and services available to Islanders.
Filing your claim
In all cases, a worker has six months to file a claim for compensation from the date of exposure to a traumatic event. The date of exposure is the date of the traumatic incident.
If exposure occurs over a period of time (cumulative exposure), the date of the incident is the earlier of:
- The date a loss of earnings first occurs
- The date the worker reports the injury as work-related to their employer, health care provider or the WCB.
More information about non-traumatic event psychological injuries can be found in our policy, Psychological or Psychiatric Condition (POL- 01).