Mental Health Injuries/Eligibility for Compensation

Not all workplace injuries are physical. It is important to address the issue of workplace mental health injuries to ensure workers are able and willing to seek assistance and treatment when in need. Workers’ Compensation Board (“WCB”) claims can be filed to seek compensation for a mental health injury. This article will focus on what workplace mental health injuries are, common causes of work-related mental health injuries, and the eligibility criteria for compensation.

Mental Health Injuries in the Workplace

WCB’s (also known as WorkSafeBC) Statistics 2022 notes that in 2022, out of 150,369 injuries reported, 7,254 of those reported claims were for a mental disorder which was an increase of around 900 since the previous year. WorkSafeBC statistics also indicate that Health Care and Social Service positions accounted for the highest number of work-related mental disorder claims. WorkSafeBC’s Mental Health Strategy notes that there has been an 118% growth in accepted WorkSafeBC claims for psychological injuries between 2018 and 2022 and will likely continue to grow.

Workspace-related mental health injuries can take many forms, and can impact workers in a variety of ways. The issue is becoming more relevant in workplace health and safety discussions as the impact of work on mental health becomes more acknowledged. If not properly addressed, work-related mental health injuries can have long-term negative impacts. A few types of mental health injuries common in the workplace are Anxiety Disorder, Major Depressive Disorder, and Post-traumatic Stress Disorder.

Common Causes for Mental Health Injuries in the Workplace

Workplace mental health injuries can develop from an array of situations. Some common causes include significant work-related stressors, experiencing traumatic events, and bullying and harassment. The Mental Health Commission of Canada notes that workplace stress is one of the primary causes of workplace mental health concerns.

If left untreated work-related mental health concerns can worsen and impair an employee’s functional abilities. Employment and Social Development Canada notes that mental illness and mental health problems cost $50 billion per year in Canada. WorkSafeBC’s Mental Health Strategy puts the cost of poor mental health on the B.C. economy at $6.6 billion.

The Mental Health Commission of Canada’s white paper on Understanding mental health, mental illness, and their impacts in the workplace notes that 72% of workers that were surveyed reported that their mental heath issues have a negative impact on their careers. It is important for workplace mental health injuries to be acknowledged and addressed as mental health issues can impact productivity and motivation levels and hurt a worker’s career in the long term if ignored.

Workers’ Compensation

WCB/WorkSafeBC was established by the Workers Compensation Act (the “Act”) to oversee a no-fault insurance system for injuries or illnesses sustained in the workplace. WCB claims apply to an injury, illness or death that occurs during employment in British Columbia, or while working outside the province if the criteria in section 147 of the Act is met. The goal of WCB is to promote safety in the workplace, prevent workplace injuries, and support injured workers with fair compensation and effective rehabilitation.

Acceptance of mental health claims by WCB is relatively new. The Act was amended in July 2012 to include work-related mental disorder injuries which extended WCB coverage to diagnosed psychological conditions resulting from employment. WCB provides compensation for two categories of mental health concerns, those arising out of and in the course of employment, and those that are considered a compensable consequence of a workplace injury. As with other injuries and illnesses covered by WCB, the goal is to assist in supporting and rehabilitating workers suffering from workplace mental health injuries and to work towards preventing such injuries from occurring.

Eligibility Criteria for Compensation

While mental health injuries can be reported to WCB, only claims that meet certain criteria will be accepted, which can make the process more challenging and time consuming. However, there is a mental health presumption under the Act that can fast-track claims that arise from eligible occupations.

Under the Act, there are certain injuries and illnesses where it is presumed that if workers in eligible occupations experience them then they arose out of and in the course of employment. In 2018, as part of amendments to the Act, mental-health disorders were added to the list of presumptions for specified eligible occupations. As of June 10, 2024 the list of eligible occupations where diagnosed mental health injuries are presumed to have arising from employment include: correctional officers, firefighters, emergency medical assistants (e.g. paramedic), police officers, sheriffs, emergency response dispatchers, health care assistants (care aides), nurses, community-integration specialists, coroners, harm-reduction workers, parole officers, probation officers, respiratory therapists, shelter workers, social workers, transition house workers, victim service workers, and withdrawal-management workers. Workers in occupations that are not covered by the presumption can still file claims; however, they will need to prove that their mental health condition arose out of and in the course of their employment.

As per the Rehabilitation Services & Claims Manual (“RSCM”) Policy Item: C3-24.00, for a workplace mental health claim to be accepted it must meet the following criteria: there must be a diagnosis from a psychiatrist or psychologist; the disorder must be described in the most recent Diagnostic and Statistical Manual of Mental Disorders (“DSM”); the injury must have happened at work and the injury must be either “a reaction to one or more traumatic events arising out of and in the course of the worker’s employment” or be “predominantly caused by a significant work-related stressor, including bullying or harassment, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker’s employment”.

Additionally, the cause of mental disorder cannot be a decision of the employer relating to the workers employment (for example: a change to working conditions, termination of employment or change to work being performed.)

Separately, workers can also receive compensation under section 134(1) of the Act for a psychological impairment as a compensable consequence of a workplace injury.

Seeking legal assistance for a mental health claim can be beneficial to understanding what documentation and evidence may be required and can help make navigating the WCB process more manageable.

Why Choose Gosal & Company for your WCB Claim?

Workplace injury claims can be difficult to navigate, especially when dealing with mental health issues. Having an experienced WCB lawyer on your team can help you better understand the process and what compensation you may be eligible for in relation to your workplace mental health injury. Gosal & Company specializes in WorkSafeBC/WCB cases and has led many workers to successful outcomes in their claims.

If you would like to schedule a telephone consultation appointment, please call us at (604) 591-8187. You can also send a private and confidential message using our contact form or an email to info@gosalandcompany.com.

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