legal words
The New Year Brings a New Entitlement
to Workers’ Compensation Benefits for
Chronic Mental Stress Injuries
EMPLOYEES MUST MEET THE REQUIRED CRITERIA TO QUALIFY FOR ENTITLEMENT
By Malcolm MacKillop, Hendrik Nieuwland and Amelia Cooke, with assistance from Seth Holland
As of Jan. 1, 2018, Ontario workers will be entitled
to claim benefits from the Workplace Safety and
Insurance Board (WSIB) for chronic mental stress
injuries arising out of and in the course of their
employment. This is a significant expansion of workers’ compensation
entitlements, as up to this point the Workplace Safety and
Insurance Act (WSIA) only provided benefits to workers with
mental stress injuries arising from “an acute reaction to a sudden
and unexpected traumatic event.” Starting in 2018, workers
will be able to claim benefits from the WSIB for mental stress
injuries caused by a “significant work-related stressor,” such as
workplace harassment.
Continued on page 14
WHILE THE WSIA
WILL SOON
PROVIDE BENEFITS
FOR CHRONIC
MENTAL STRESS
INJURIES RELATED
TO A WORKER’S
EMPLOYMENT, NOT
ALL CHRONIC MENTAL
STRESS INJURIES
THAT OCCUR IN THE
WORKPLACE WILL
BE COVERED.
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HRPROFESSIONALNOW.CA ❚ CONFERENCE ISSUE 2018 ❚ 11
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