Workplace Safety and Insurance Board (WSIB)

PDF version of Reporting and Filing Workplace Accidents – WSIB Fact Sheet 1

When Should You Report an Accident/Injury/Illness?

A work-related accident/injury/illness should be reported immediately. If that is not possible, it should be reported to your supervisor before leaving the workplace on the date of injury. Accidents must be reported to the Workplace Safety and Insurance Board (WSIB) no later than 6 months from the date of the accident.

Occupational illness must be reported no later than 6 months from when the member learns that they suffer an occupational illness.

If there is any doubt whether your injury/illness is work related, file a claim immediately. Workers who do not report workplace accidents may lose the protection of the Workplace Safety and Insurance Act. Some of those protections may include health care, loss of earnings payments and the obligation to re-employ the injured worker.

The WSIB is an independent agency who determines whether an accident/injury is work-related and if benefits (health care treatment, loss of earnings) will be granted to the worker. Decisions made by the WSIB to deny entitlement can be appealed. Please see WSIB Fact Sheet # 2 Appealing a Workplace Safety and Insurance Board Decision for more information on the appeal process.

Forms that Initiate a Claim

• Form 7
• Form 8

Filing a Claim with the Workplace Safety and Insurance Board

Once you have reported the accident to the employer, the employer must report it to the WSIB if, due to the accident or injury, you:

• Require health care
• Are absent from regular work
• Earn less than regular pay for regular work (e.g., part-time hours)
• Require modified work at less than regular pay
• Require modified work at regular pay for more than seven calendar days following the day of the accident

The WSIB defines healthcare as services requiring the professional skills of a health care practitioner (e.g., doctor, nurse, nurse practitioner, chiropractor, physiotherapist, hospital and health care facilities, prescriptions, etc.).

If the employer is required to report your accident to the WSIB, they must complete and submit the WSIB Form 7, Employer’s Report of Injury/Disease, within 3 working days of the date the accident was reported. The employer is required to give you a copy of this completed form. The employer does not have to report the accident to the WSIB if only first aid was given and/or the worker required modified work for less than 7 calendar days. However, the employer must keep records of the accident.

If you lose time from work on the day of the accident, the employer must pay your wages for that day. Also, the employer must permit you to seek medical attention from a health care professional and pay for the cost of transportation to the health care facility. This can include a walk-in clinic, the hospital, your doctor, or other health care professional treatment centre.

When an injured worker seeks medical attention for an injury, the worker’s treating health care professional is obligated to complete and submit a Form 8, Healthcare Professional’s Report. This is the reporting of the accident based upon medical examination of the injured worker. If, for some reason, the Form 6 or 7 does not get filed, Form 8 will also trigger the start of a WSIB claim. In other words, the submission of one of these forms will initiate a WSIB claim. In Form 8 the first page contains the diagnosis and general information and the second contains the member’s functional abilities. The Form 8 will be sent to WSIB by your doctor. Since the form contains the member’s functional abilities, it must be shared with the member’s employer. The employer may still request that the worker have a Functional Abilities Form (FAF) completed by their health care professional from time to time. If employers are using their own FAF forms the employer must pay the health professional directly for completing that form.

Worker’s Consent to Release Functional Abilities

Every injured worker is obligated to consent to the release of functional abilities information. Functional abilities information is information regarding what the member can and cannot physically do (e.g., no lifting, no standing longer than 15 minutes, etc.). The information is provided to employers and is used to assess whether a member can return to their regular job, or if accommodations are needed. If the worker does not sign the consent, the WSIB may not approve their claim for benefits.

Consent can be given in the following ways:

• Signing a section at the bottom of Form 6
• Signing a section at the bottom of Form 7
• Signing the health professional completed Form 8
• In some cases, by signing a Functional Abilities Form (FAF)

An FAF may be given to the injured worker by the employer for completion by the member’s health professional. If the WSIB requests the FAF form be completed, they pay the cost for completion.

Your employer is only entitled to functional abilities information as it relates to your workplace accident/injury. Employers should not have unlimited access to an injured member’s medical history and injured members should not grant an employer open-ended access to medical information. There is no limit to the number of times a request for functional abilities can be made.

Obligation to Cooperate in the Work Reintegration Process

The Workplace Safety and Insurance Act sets out the responsibilities of the member and employer in the Work Reintegration process. Both parties are required to contact one another as soon as possible after an accident or injury occurs and maintain communication throughout the period of the worker’s recovery or impairment.

Employers must attempt to provide suitable employment that is available and consistent with a member’s functional abilities. Members must assist the employer as required or requested to identify suitable work that is available, consistent and within the member’s functional abilities. Your OPSEU/SEFPO Local can assist in this process if requested. For more information refer to WSIB Fact Sheet # 4 Return to Work.

If you need help with reporting and filing your WSIB claim, contact your Local union or your worker health and safety representatives.

Contact Us

To contact the OPSEU/SEFPO Worker Safety Unit:

Email: [email protected]

Call: 1-800-268-7376

This publication contains general information and is intended as reference only. It is not intended as substitute for independent legal advice regarding your particular situation.

PDF version of Appealing a Workplace Safety and Insurance Decision – WSIB Fact Sheet 2

If the Workplace Safety and Insurance Board (WSIB) denies or terminates your claim and you do not agree with the decision, you have the right to appeal. There are appeal time limits that NEED to be met according to the issue under dispute.

• Failure to meet the appeal deadlines may prevent you from proceeding with your appeal.

What Are the Appeal Time Limits?

The time limits to appeal a written WSIB decision should be indicated within the letter and are calculated using the date of that decision. The time limits to appeal are:

• 30 days for return-to-work disputes
• 6 months for all other appeals

How Do You Appeal a WSIB decision?

When you receive a decision from the WSIB decision maker that you do not agree with, you must complete and submit the WSIB Intent to Object Form (ITO). This form is available from the WSIB website at https://www.wsib.ca/en/forms#Object. Members can also call or write the WSIB to request the form and they will forward a blank copy. While we recommend that you complete and submit the WSIB ITO, you can also send a letter explaining what decision you are objecting to and your reasoning why.

• Failure to submit your objection within the prescribed time limits may result in a loss of the right to appeal the decision.

A decision letter may contain multiple decisions on more than one issue. You should indicate the issue(s) you are objecting to and clearly indicate the date of the decision letter that addresses that issue. If you disagree with decisions made in more than one claim, you must submit an Intent to Object Form under each claim in order to meet the objection time limits. When completed, the ITO should be faxed, uploaded online, or mailed directly to the WSIB. Follow up with the decision maker prior to the appeal deadline to confirm receipt of your completed ITO form.

Upon receipt, the WSIB will review the objection and reconsider their decision if any new information is provided. The decision maker may confirm, amend, or revoke the decision. The WSIB will advise you of the outcome of their review. If the decision to deny remains unchanged, you will be sent a copy of your WSIB claim file with a new form called the Appeal Readiness Form.

The Appeal Readiness Form should only be submitted when the decision maker at the WSIB operations level has considered all the information related to the issue(s) under dispute and you are ready to proceed to a hearing at the Appeals Services Division (ASD). It is recommended that you seek advice and/or assistance from a representative prior to submitting the Appeal Readiness Form.

• OPSEU/SEFPO cannot go on record as your representative until we have reviewed your file and the Retainer is completed.

If OPSEU/SEFPO agrees to represent you in your appeal, you agree to the Retainer, have signed and sent it back to OPSEU/SEFPO, the OPSEU/SEFPO representative will complete and submit the Appeal Readiness Form on your behalf. Please refer to WSIB Fact Sheet # 3 WSIB Appeals Assistance for more information.

The Appeals Readiness Form will require you to indicate your preferred method of resolution (Hearing in Writing or Oral Hearing). If you request an oral hearing, you may need to provide reasons why you think one is necessary. The method of hearing will be determined by the Appeals Services Division (ASD) staff, and you will be advised of their decision. The decision to deny an oral hearing cannot be appealed. Since the COVID-19 pandemic of March 2020 and resulting suspension of in-person hearings both the WSIB and WSIAT have offered hearings via teleconference or video conference. These options continue to be available.

If the ASD decides an oral hearing is necessary, they will attempt to schedule one to be held within 90 calendar days after they confirm the oral hearing is required. Therefore, it is imperative that you are ready to proceed when the form is submitted.

If the ASD decides that your hearing will be dealt with in writing, you will be sent a letter and asked to forward any written submissions within 30 days (plus 5 days for mailing). The file will be forwarded to an Appeals Resolution Officer (ARO), and a written decision will be made based on the information on file and any additional submissions made within the deadline.

The ARO will either allow the appeal or uphold the original decision. You will receive the Appeals Resolution Officer’s decision in writing. This final WSIB decision can be appealed to the Workplace Safety and Insurance Appeals Tribunal (WSIAT).

How Do I Appeal to the Workplace Safety and Insurance Appeals Tribunal?

The final level of appeal takes place at the WSIAT. You must complete the Notice of Appeal form and submit it to the WSIAT within 6 months of the date of the final WSIB ARO decision. The ARO decision must also be attached to the Notice of Appeal form.

The Notice of Appeal is available on the WSIAT site https://www.wsiat.on.ca/en/forms/index.html. You can mail, fax or e-file the Notice of Appeal form and the attached ARO decision to WSIAT. You should keep a copy of the fax or upload confirmation for your records. You may wish to follow up with the WSIAT to ensure they have received the WSIAT Notice of Appeal form.

• Decisions made at the WSIAT level are final.

For more information on obtaining assistance, please see WSIB Fact Sheet # 3 WSIB Appeals Assistance.

Contact Us

To contact the OPSEU/SEFPO Worker Safety Unit:

Email: [email protected]

Call: 1-800-268-7376

THIS PUBLICATION CONTAINS GENERAL INFORMATION AND IS INTENDED AS REFERENCE ONLY. IT IS NOT INTENDED AS SUBSTITUTE FOR INDEPENDENT LEGAL ADVICE REGARDING YOUR PARTICULAR SITUATION.

PDF version of Workplace Safety and Insurance Appeals Assistance – WSIB Fact Sheet 3

How The Worker Safety Unit Can Help You

If you disagree with a WSIB decision denying entitlement to benefits, the first step is to complete and submit a WSIB Intent to Object Form (ITO). Please refer to WSIB Fact Sheet #2 Appealing a Workplace Safety and Insurance Decision. It is your responsibility to meet all time limits for each and every decision you wish to appeal.

• Failure to submit the Intent to Object Form (ITO) by the appeal deadline may result in the loss of your right to appeal.

It is imperative to meet the appeal deadline. Often, the reason for denial of a benefit is as a result of a lack of information or insufficient medical documentation. If you do have some additional medical or other supportive documentation, you can include it with your objection form when submitting it to the WSIB. If you are unsure of what is required, it would be helpful if you contact the WSIB decision maker to determine what is needed.

Do not jeopardize missing the time limit while you are pursuing additional medical information. Any additional information can be submitted at a later date if required. Meeting the time limit will preserve your right to appeal and will allow you the time to pursue additional information and/or schedule medical appointments if necessary.

Benefits Officers in the OPSEU/SEFPO Worker Safety Unit assist, and may represent members, in their WSIB and WSIAT appeals. If you would like OPSEU/SEFPO’s assistance, the Worker Safety Unit will require a complete and up-to-date copy of your claim file for review. The WSIB will send you a complete copy of your claim file if, after they have reviewed the Intent to Object form and any other information submitted, the decision to deny remains unchanged. If you do not receive a copy of your file, you can request one under the Freedom of Information and Protection of Privacy Act. You will find a WSIB Worker Request for Copy of Claim File form on WSIB’s website at the following: https://www.wsib.ca/en/forms#Request. WSIB will only send electronic versions of your claim file. If a paper copy is required due to some type of accommodation, you will need to formally request a paper file from the access department at WSIB.

Your Role and Responsibilities

Meeting the Appeal Deadline

It is each worker’s responsibility to meet all deadlines to appeal. This is done by submitting an ITO form to the WSIB within the time limits specified in the WSIB decision. On the ITO form, identify each and every issue you are objecting to and clearly indicate the date of the WSIB decision that addressed that issue(s). Additional ITO forms must be completed and submitted within the prescribed timelines for any subsequent decision letter that may deal with additional issues. If you have multiple claim files you must submit an objection form for each respective claim file for any decision you do not agree with.

When completing the ITO form, check “I will represent myself in the objection process, or I am currently seeking representation” in section 4 (Representation).

The WSIB decision maker will review your Intent to Object form, reasoning, any new information, and reconsider the original decision.

If the decision remains unchanged, the WSIB will send you a copy of your claim file along with an Appeal Readiness Form. Do not complete the Appeals Readiness Form at this time.

Once you receive your claim file, forward the complete original copy, in the order it was received, along with the blank Appeals Readiness Form to the Worker Safety Unit by:

• Emailing it to [email protected]. If you receive notice that the file is too large to email, please advise the Worker Safety Unit of this for further instructions on how to forward it.
• Dropping off a paper file, or an electronic file on a USB drive to your nearest OPSEU/SEFPO regional office and request it be sent to the OPSEU/SEFPO Worker Safety Unit via courier. You can locate the closest OPSEU/SEFPO office by visiting www.opseu.org and clicking on the Contact Us then OPSEU Regional Offices and Membership Centres.
• Send your file via regular mail (either paper or USB drive) directly to: OPSEU/SEFPO Worker Safety Unit, 5757 Coopers Avenue, Mississauga, Ontario L4Z 1R9.

You will receive written confirmation from the Worker Safety Unit that your file has been received and a brief outline of the process to follow. Your file will be assigned to a Benefits Officer for review to determine whether it meets our case representation criteria. The appeal must also have a reasonable chance of success based on the information in your WSIB claim file and any additional information you submit. If there is not a reasonable likelihood of success based on the current information, the Benefits Officer will outline the reasons in writing.

If a decision is made to represent you, you will be sent a Retainer and WSIB Direction of Authorization form that advises WSIB that you have given us authorization to represent you. We cannot begin to represent you until you have signed and returned the Retainer and the WSIB Direction of Authorization form to our office.

Return to Work (RTW)

While receiving or appealing WSIB benefits, the workplace parties have an obligation to co-operate throughout the RTW process. Please refer to WSIB Fact Sheet #4 Return to Work for more detailed information on the WSIB Return-to-Work principles.

Although not specifically addressed under WSIB policies, applying for WSIB benefits brings with it a duty on your part as the injured worker, to mitigate your circumstances while awaiting or appealing benefits. This means you are expected to try and take whatever measures you can to recover and get yourself back to work at the earliest opportunity.

You should work with your union, employer, and health professional(s) to return to work with proper accommodation(s), if possible. If you are having difficulties with return to work/accommodation issues, please contact your Local’s union representatives or an OPSEU/SEFPO staff representative for assistance.

If you are having difficulties with your working duties, contact your treating heath care professional to review your medical condition and modified work duties. Another Functional Abilities Form will need to be completed. Provide a copy of the updated Functional Abilities Form to your employer and the WSIB.

Reporting a Material Change in Circumstances

Remember to inform your WSIB Case Manager of any changes concerning your claim such as healthcare status, earnings/income, and return to work status. The Board refers to this as a “material change in circumstances.” You are required to inform the WSIB of any material changes within ten (10) calendar days.

Contact Us

To contact the OPSEU/SEFPO Worker Safety Unit:

Email: [email protected]

Call: 1-800-268-7376

THIS PUBLICATION CONTAINS GENERAL INFORMATION AND IS INTENDED AS REFERENCE ONLY. IT IS NOT INTENDED AS SUBSTITUTE FOR INDEPENDENT LEGAL ADVICE REGARDING YOUR PARTICULAR SITUATION.

PDF version of Return to Work (RTW) – WSIB Fact Sheet 4

Rehabilitation and Return to Work (RTW) planning begins the day of the worker’s absence from work or when the worker requires accommodation as a result of a workplace injury or illness.

The RTW process should:

• Ensure a health recovery process for the injured worker
• Provide a safe return to work as soon as is medically possible
• Identify any limitations that should be placed on the worker if the worker comes back to a pre-injury job on a modified or part time schedule (until capable of returning to normal job functions)

The worker, the employer and the union should provide effective, ongoing communication and documentation where requested. Based on this information, a return to work or a written accommodation plan should be developed and implemented between the workplace parties.

As an injured worker returning to work, you should:

• Seek medical attention immediately upon experiencing any new work-related injury or re-injury
• Report any injury to the employer as soon as you are aware of the new injury or re-injury
• Maintain effective communication between you, the employer, the union representative, and WSIB during recovery and RTW process
• Comply with recommendations for treatment
• Help to identify suitable work with respect to your functional abilities and contribute to the development of your RTW plan
• Report any significant change in your circumstances, which may include returning to work, additional income, or any changes in your medical condition. These changes must be reported within ten (10) days of the change occurring
• Provide functional abilities information regarding your restrictions and limitations including your medical prognosis

You can expect ongoing evaluations of your work progress in relation to your injury from both your employer and WSIB. This is to ensure that you are progressing towards being able to perform your pre-injury job functions or whether there is a need to modify your RTW plan.

The WSIB monitors all claims for worker opportunities to return to part-time, modified, or full-time work whether it is the worker’s home position or alternative employment. If a job is available, WSIB will arrange a meeting with a Return-to-Work Specialist at the worksite/online to discuss return to work options with the worker, the employer, and the union. The WSIB will attempt to arrange a meeting no later than twelve (12) weeks after the claim is approved. However, a meeting can be arranged much sooner based on the worker’s ability to return to work.

An offer of work should include:

• What work is being offered
• Nature of the work
• Hours of work
• Associated remuneration
• Location of work site

If you are unable to return to work or to perform the job duties included in your RTW plan, you must:

• Notify your employer that the job is not within your functional capabilities
• Communicate with your employer with respect to any alternate accommodations available
• Inform the WSIB immediately

The WSIB should consider all relevant functional abilities/health care information; all information regarding the job description including information pertaining to the physical and cognitive demands associated with the job offered; and any other relevant considerations, such as whether changes in the location of work or the hours expected to work will negatively impact your recovery. WSIB may ignore the opinion of your treating health care practitioner and deem you capable of a RTW despite medical information supporting total disability. It is vital to appeal these determinations, as these decisions have a 30-day time limit.

There is an obligation on your part to mitigate your financial loss while appealing or waiting for benefits. This means you are expected to continue to seek medical treatment for your injury and to seek suitable alternative employment in the labour market (e.g., job searching).

You should work cooperatively with your union, employer, and health care professionals to return to work.

You should contact and arrange for a Local Union Representative and/or OPSEU/SEFPO Staff Representative to assist you throughout the RTW process. You and your Local may seek the assistance of a WSIB RTW Specialist.

A return-to-work dispute has a 30-day time limit to appeal. If you wish to appeal any other WSIB decision, there is a 6-month time limit from the date of that respective decision. Refer to WSIB Fact Sheet # 2 Appealing a Decision. You should appeal as soon as possible to ensure that you do not miss the appeal deadline.

Contact Us

To contact the OPSEU/SEFPO Worker Safety Unit:

Email: [email protected]

Call: 1-800-268-7376

THIS PUBLICATION CONTAINS GENERAL INFORMATION AND IS INTENDED AS REFERENCE ONLY. IT IS NOT INTENDED AS SUBSTITUTE FOR INDEPENDENT LEGAL ADVICE REGARDING YOUR PARTICULAR SITUATION.

PDF version of Work-Related Stress – WSIB Fact Sheet 5

• Traumatic mental stress (TMS)
• Chronic mental stress (CMS)
• Post-traumatic stress disorder (PTSD) in First Responders and Other Designated Workers

A worker may be entitled to benefits for work related mental stress arising out of and in the course of employment. However, a worker is not entitled to benefits for work-related stress caused by an employer’s decisions or actions that are part of the employment functions, such as:

• Changes in working hours
• Productivity expectations
• Terminations
• Demotions
• Transfers

Overview

Filing a Claim

You must file a claim with the Workplace Safety and Insurance Board (WSIB) as soon as possible, but no later than six (6) months from the date you became aware the condition was related to work or a work incident.

Diagnostic Medical Requirement

Before any work-related stress claim is considered, there must be a diagnosis in accordance with the Diagnostic and Statistical Manual for Mental Disorders (DSM) from an appropriate health care professional. Sometimes a work-related stress claim may be denied due to pre-existing or non-work-related psychological factors.

Return to Work

Regardless of the type of injury/illness, a worker has an obligation to participate in the return-to-work process. The employer will likely initiate a modified work offer outlining their intention to accommodate your medical condition. The modified work offer should be communicated in writing. For more information, refer to WSIB Fact Sheet # 4 Return to Work (RTW).

Alternative Income Sources and Accommodation

In the interim, if you have been denied benefits from WSIB and you are medically unable to return to work, you may be able to access your Short Term and/or Long-Term Income Benefits, if applicable. If you do not have benefits or have exhausted your benefits, you may qualify for Employment Insurance Sickness Benefits or Social Assistance Benefits.                                                                                             

If Your Claim is Denied

You have a right to appeal a negative WSIB decision. You must submit an Intent to Object form (ITO) to WSIB no later than six (6) months from the date of the written decision (RTW decisions have 30-day time limits). For more information, refer to WSIB Fact Sheet # 2 Appealing a Workplace Safety and Insurance Board Decision.

Traumatic Mental Stress (TMS – for accidents on or after January 1, 2018)

A worker must have suffered or witnessed the work-related traumatic events first-hand or heard the work-related traumatic events first-hand through direct contact with the traumatized individuals. In addition, there must be a diagnosis according to the Diagnostic and Statistical Manual of Mental Disorders (DSM) which may include, but is not limited to:

• Clearly and precisely identifiable (who, what, where, when and how)
• Objectively traumatic

A worker must have suffered or witnessed the work-related traumatic events first-hand or heard the work-related traumatic events first-hand through direct contact with the traumatized individuals. In addition, there must be a diagnosis according to the Diagnostic and Statistical Manual of Mental Disorders (DSM) which may include, but is not limited to:

• Acute stress disorder
• Post-traumatic stress disorder
• Adjustment disorder
• Anxiety or depressive disorder

Cumulative Effect

A worker may be exposed to multiple traumatic events over time. A final reaction to a series of traumatic events is considered to be a cumulative effect. A worker may be entitled to benefits because of the cumulative effect, even if the most recent event is not the most traumatic.

Exclusions

A worker is not entitled to benefits for TMS caused by decisions or actions of the worker’s employer that are related to the worker’s employment, including:

• A decision to change the work performed
• The working conditions
• Disciplinary Action
• Termination of employment

However, a worker may be entitled to benefits for TMS due to employer’s decisions or actions that are not part of the employment functions such as violence, threats, or conduct that a reasonable person would perceive as shocking or abusive.

Chronic Mental Stress (CMS – for accidents on or after January 1, 2018)

A worker is entitled to benefits for Chronic Mental Stress (CMS) arising out of and in the course of employment. Work-related CMS is a diagnosable mental disorder that has been predominantly caused by a substantial work-related stressor or a series of stressors. A work-related stressor can be considered substantial if it is excessive in duration and/or intensity in comparison to the expectedpressures and tensions of the job. This includes being subjected to bullying or harassing behaviour at the workplace, which is known, or ought to be reasonably known, to be unwelcome.

Consistent exposure to a high level of routine stress over time may be considered a substantial work-related stressor only in jobs with a high degree of routine stress.  Routine high level stress can be found in jobs that typically have responsibility over matters involving life and death and/or involve routine work in extremely dangerous situations.

To be entitled to benefits for work-related Chronic Mental Stress, all the following criteria must be met:

1. A regulated health care professional has provided a diagnosis based on the Diagnostic and Statistical Manual of Mental Disorder (DSM). In complex CMS cases, WSIB may require a diagnosis from a psychiatrist or psychologist.
2. The worker has experienced substantial work-related stressor, like workplace bullying or harassment.
3. The work-related stressor was the predominant cause of the appropriately diagnosed mental stress injury.

Exclusions

A worker is not entitled to chronic mental stress caused by an employer’s decisions or actions that are part of the employment functions such as:

• Changes in working hours
• Productivity expectations
• Terminations
• Demotions
• Transfers

Interpersonal conflicts between workers and their supervisors, co-workers or customers are not generally considered to be a substantial work-related stressor, unless the conflict amounts to workplace harassment and/or results in conduct that a reasonable person would perceive as shocking or abusive.

Post-Traumatic Stress Disorder (PTSD in First Responders and Other Designated Workers)

If a first responder or other designated worker is diagnosed with Post-Traumatic Stress Disorder (PTSD) and meets specific employment and diagnostic criteria, a first responder or other designated worker’s PTSD is presumed to have arisen out of and in the course of employment, unless the contrary is shown.

Transitional Claims

There are special criteria for pending claims prior to April 6, 2016. Please refer to WSIB Operational Policy Document 15-03-13.

Who is Covered?

Refer to Section 14 of the Workplace Safety and Insurance Act for covered occupations.  On May 8, 2018, Bill 31 amended Section 14 of the WSIA to expand the presumption of work relatedness for PTSD to add six additional categories of workers: including nurses (which directly provide patient care), provincial bailiffs, and probation officers.

Diagnosis and Rebutting the Presumption

The diagnosis of PTSD must be made by a psychiatrist or psychologist and must be consistent with the description in the Diagnostic and Statistical Manual for Mental Disorders, Fifth Edition (DSM-5). Your employer has the right to challenge the presumption if they believe they can demonstrate that the employment was not a significant contributing factor in causing PTSD.

Exclusions

A first responder or other designated worker is not entitled to benefits for PTSD caused by decisions or actions of the worker’s employer relating to the worker’s employment, including:

• A decision to change the work performed or the working conditions
• Disciplinary Action
• Termination of employment

Contact Us

To contact OPSEU/SEFPO Worker Safety Unit, email [email protected] or call 1-800-268-7376.

This publication contains general information and is intended as reference only.  It is not intended as substitute for independent legal advice regarding your particular situation.