Recently, Zubas Flett Liberatore Law Lawyers, Janine Liberatore and Sarah White, were featured in an Ontario Municipal Human Resources Association’s (OMHRA) Insights post. The article, which discussed navigating workplace stress claims, is available to read here and below.
Navigating Workplace Stress Claims
With the continuing evolution of workplace arrangements, including increased requirements for in-person attendance and hybrid work models, employers are seeing a growing number of workplace mental stress claims. Many claims under the Workplace Safety and Insurance Act, 1997 stem from workplace dynamics such as workload demands, interpersonal conflict, and performance management issues.
Despite the increasing prevalence of these claims, both employees and employers often misunderstand whether the circumstances may properly give rise to a claim for Traumatic Mental Stress or Chronic Mental Stress before the Workplace Safety and Insurance Board (“WSIB”).
Traumatic Mental Stress Claims
The WSIB Operational Policy Manual establishes guidelines for entitlement to benefits relating to traumatic mental stress.
Generally, employees may be entitled to benefits where the WSIB decision-maker is able to identify one or more traumatic workplace events that:
- occurred in the course of employment;
- are clearly and precisely identifiable; and
- are objectively traumatic in nature.
After reviewing all available evidence, decision-makers must be satisfied that the events more likely than not occurred and are generally accepted as traumatic. The WSIB has identified examples of traumatic events including:
- witnessing horrific accidents;
- workplace harassment; and
- threats or acts of physical violence.
Even where witness evidence is unavailable, decision-makers may rely on other available evidence in assessing the claim.
Importantly, normal workplace management actions are generally excluded from entitlement for traumatic mental stress claims. For example, claims based solely on:
- performance management;
- discipline;
- restructuring;
- workload expectations; or
- routine employment-related decisions.
will generally not qualify as traumatic mental stress claims.
Chronic Mental Stress Claims
Chronic mental stress claims are treated distinctly from traumatic mental stress claims. To establish entitlement to this type of claim, decision-makers must be able to identify substantial work-related stressors alleged to have caused or exacerbated the chronic mental stress.
The WSIB has stated that a “work-related stressor will generally be considered substantial if it is excessive in intensity and/or duration in comparison to the normal pressures and tensions experienced by workers in similar circumstances.” As a result, the evidentiary burden becomes increasingly important in these claims.
Unlike traumatic mental stress claims, chronic mental stress claims also require a diagnosis in accordance with the Diagnostic and Statistical Manual of Mental Disorders (“DSM”). Assessments under this category become more complex when a diagnosis under the DSM was made prior to the alleged work-related stressor.
The analysis will vary depending on the nature of the DSM diagnosis and the alleged workplace stressor.
High Stress Occupations
The WSIB recognizes that certain occupations may expose workers to repeated traumatic incidents over time. The WSIB has defined occupations characterized by a high degree of stress as those involving:
- “responsibility over matters involving life and death”, and/or,
- “routine work in extremely dangerous circumstances”.
Essential service providers such as firefighters and police officers, whose employment may be characterised by the above listed factors, may experience cumulative psychological effects over time. As a result, a worker’s response to a recurring event may still support entitlement to a stress related claim. Employers operating in high-stress environments should recognize that repeated exposure to traumatic or psychologically demanding workplace incidents can increase the likelihood of mental stress claims. Providing enhanced paramedical benefits — including physiotherapy, psychological counselling, and psychotherapy — may help support employee wellbeing and reduce the risk of such claims.
Potential Awards
If a worker successfully establishes their mental stress claim, the WSIB or the Workplace Safety and Insurance Appeals Tribunal can award a variety of awards to the worker, including the following:
- Health care coverage;
- Wage loss benefits;
- Return-to-work support;
- Non-Economic Loss benefits, etc.
Depending on the nature and duration of the award, the associated costs to employers can become significant. This underscores the importance of implementing proactive measures in the workplace to support a psychologically safe work environment.
Prevention and Psychological Safety
As municipalities evolve and staffing demands change, municipalities may increasingly encounter occupations associated with heightened workplace stress. To reduce the risk of workplace mental stress claims and to foster psychologically safety, municipalities may benefit from implementing proactive strategies such as:
- management training
- culture assessments
- respectful workplace policies
- workload monitoring
- trauma-informed leadership training
Municipalities that take this proactive approach will be best positioned to navigate complexity, support their workforce, and sustain a strong psychologically safe workplace in an evolving environment.
If you have any questions or inquiries regarding navigating workplace stress claims, contact Zubas Flett Liberatore Law LLP at 416-593-5844 or questions@employment-lawyers.ca.