October 3, 2017
There is a growing recognition that workplaces can be a direct cause of post-traumatic stress disorder (PTSD).
It is generally harder to prove that a mental illness is a workplace injury, because there are so many factors involved. For example, a high-stress environment may contribute to an episode of mental illness, but it’s not easy to demonstrate the connection.
But 6 provinces have passed legislation that makes a direct link between psychological disorders like PTSD and workplace trauma. Under most of these laws, some workers diagnosed with PTSD will be able to claim workers’ compensation benefits without having to prove that their illness was caused by their workplace. This kind of legislation presumes that the PTSD is a workplace injury.
Only in Manitoba & Saskatchewan are all workers covered by this legislation, in rest of the provinces only some first responders are covered.
Here are links and information about work-related PTSD in each of the provinces that have legislation covering it.
In 2012, Alberta became the first province to recognize presumptive coverage for PTSD. Under Alberta law, if first responders are diagnosed with PTSD, it will be assumed that their illness was caused by their work, and they will be eligible for WCB coverage.
The law applies to emergency medical technicians, firefighters, sheriffs, and police officers (excluding members of the RCMP).
The Workers’ Compensation Board of Alberta has a PTSD factsheet here:
British Columbia’s WCB, called WorkSafeBC, does cover mental disorders.
However, the province does not have legislation presuming that a worker’s psychological injury is linked to workplace trauma. Under current BC law, workers have to prove that their psychological injury is linked to traumatic events at work – they don’t get the benefit of the doubt. (The relevant clause in the legislation is here
WCB Section 5.1
BC also recognizes workplace bullying and harassment as situations which can lead to compensation.
WorkSafeBC has information on how psychological injuries are covered here:
In Manitoba, if a worker “is exposed to certain types of traumatic events and is diagnosed with Post-Traumatic Stress Disorder (PTSD), the WCB can presume the PTSD is caused by the worker’s employment, unless the contrary is proven.”
In other words, it is not up to the worker to prove that the workplace caused PTSD. This legislation applies to all workers, and not just first responders – Manitoba is the first province to provide this coverage for all workers.
The Workers Compensation Board of Manitoba has an overview here: https://www.wcb.mb.ca/ptsd-presumption-0
There is more detailed information at https://www.wcb.mb.ca/post-traumatic-stress-disorder-ptsd-presumption-faq (Click “View File” at bottom right to open the document.)
In 2016, New Brunswick passed legislation that presumes if firefighters, police officers, sheriffs and paramedics are diagnosed with PTSD that it was caused by issues they dealt with on the job.
In 2016, Ontario passed legislation creating a presumption that PTSD in first responders is a workplace injury.
The legislation covers workers in these jobs:
- Police, including First Nations constables, and chiefs of police
- Full-time, part-time, and volunteer firefighters, fire investigators, and fire chiefs
- Paramedics, emergency medical attendants, and ambulance service managers
- Emergency service dispatchers
- Correctional officers and youth service workers
- Emergency response team members dispatched by a communications officers
The Ontario government has general information about the legislation in English https://www.labour.gov.on.ca/english/hs/ptsd.php and in French https://www.labour.gov.on.ca/french/hs/ptsd.php
Ontario has a PTSD Resource Toolkit for first responders here: http://www.firstrespondersfirst.ca/ (It is available in English only.)
In 2016, Saskatchewan updated its Workers’ Compensation Act. The law now says that if a worker suffers a psychological injury because of traumatic events that took place at work, it will be presumed that the injury is a result of the workplace trauma.
Saskatchewan’s law covers all workers, and not just first responders. Saskatchewan is also the only province that does not limit presumption to PTSD, but includes all forms of psychological injury.
The presumption that a worker’s mental illness was caused in the workplace is rebuttable though. That means that workers are given the benefit of the doubt, but employers can still challenge the decision.
The Saskatchewan Workers’ Compensation Board has a factsheet on the changes here: