The policy holds those claiming mental disabilities to a stricter standard of proof
Earlier this year, Ontario passed legislation that opens the door for workers with job-induced mental illnesses to claim compensation from the Workplace Safety and Insurance Board (WSIB). In line with the new rules, the WSIB has come up with a new chronic mental-health policy — which a legal coalition says still discriminates against workers with mental disabilities.
Under the WSIB’s new policy, workers who suffer from chronic mental-health issues must produce proof that their workplace was the “primary or main cause” of their illness before their claim is honoured, according to the Hamilton Spectator. In contrast, other injured workers are only required to prove their workplace was a significant cause of their condition to receive compensation.
In a letter to Premier Kathleen Wynne, 12 legal clinics and private-practice lawyers said that the new policy infringes on the charter rights of workers with mental health issues. “This new test directly discriminates against workers with mental injuries,” the letter said.
“Most workers with mental disabilities will not be able to get WSIB support because of this new policy,” said Maryth Yachnin, a lawyer with the Industrial Accident Victims Group of Ontario, who was one of the signatories.
In defense, the WSIB said its new policy, including the predominant-cause requirement, follows existing coverage provided in British Columbia, Alberta, Saskatchewan, and Quebec. “We want anyone dealing with work-related mental stress to get the help and support they need,” board spokesperson Christine Arnott told the Spectator in an email.
The WSIB drafted its new guidelines after consulting with employers and worker representatives. One employer association said “stress cases are not the same as 'other' kinds of workplace injuries” and that assuming them to be similar would be a “momentous miscalculation and policy design error."
But in its letter, the coalition cited rulings from the Supreme Court of Canada and the Workplace Safety and Insurance Appeals Tribunal, which said that mental injuries are no “less real, more subjective and more suspect than physical ones.”
The coalition added: “Imposing a more restrictive standard for mental injury entitlement sends a message that workers claiming entitlement for these conditions are a greater risk for fraud or that their conditions are 'all in their head.'”
The WSIB policy is set to take effect in January.
Related stories:
New study shows 40% of workers in Canada have suffered from depression
Advocate calls for public coverage for mental-health treatment
Under the WSIB’s new policy, workers who suffer from chronic mental-health issues must produce proof that their workplace was the “primary or main cause” of their illness before their claim is honoured, according to the Hamilton Spectator. In contrast, other injured workers are only required to prove their workplace was a significant cause of their condition to receive compensation.
In a letter to Premier Kathleen Wynne, 12 legal clinics and private-practice lawyers said that the new policy infringes on the charter rights of workers with mental health issues. “This new test directly discriminates against workers with mental injuries,” the letter said.
“Most workers with mental disabilities will not be able to get WSIB support because of this new policy,” said Maryth Yachnin, a lawyer with the Industrial Accident Victims Group of Ontario, who was one of the signatories.
In defense, the WSIB said its new policy, including the predominant-cause requirement, follows existing coverage provided in British Columbia, Alberta, Saskatchewan, and Quebec. “We want anyone dealing with work-related mental stress to get the help and support they need,” board spokesperson Christine Arnott told the Spectator in an email.
The WSIB drafted its new guidelines after consulting with employers and worker representatives. One employer association said “stress cases are not the same as 'other' kinds of workplace injuries” and that assuming them to be similar would be a “momentous miscalculation and policy design error."
But in its letter, the coalition cited rulings from the Supreme Court of Canada and the Workplace Safety and Insurance Appeals Tribunal, which said that mental injuries are no “less real, more subjective and more suspect than physical ones.”
The coalition added: “Imposing a more restrictive standard for mental injury entitlement sends a message that workers claiming entitlement for these conditions are a greater risk for fraud or that their conditions are 'all in their head.'”
The WSIB policy is set to take effect in January.
Related stories:
New study shows 40% of workers in Canada have suffered from depression
Advocate calls for public coverage for mental-health treatment
