A worker with a mental health condition may not be entitled to benefits after years of being subject to harassment from co-workers or supervisors, but a worker may be compensated where the worker witnessed a workplace accident.
In 2014, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) found that the restriction on chronic mental stress injuries in the WSIA to be unconstitutional.
However, the DRC notes that the WSIB still does not compensate for workplace injuries as a result of psychosocial factors and there has been no remedial action on the part of government bodies like the Ministry of Labour following this decision.
On this Day of Mourning, the DRC demands changes to the WSIA and the policy provisions governing workplace insurance benefits so that workers who experience mental health disabilities receive equality of benefits. The DRC also supports the community activists and legal clinics who have filed a complaint with the Ontario Ombudsman, and who are calling for an investigation into the WSIB for its treatment of workers with chronic mental stress injuries due to workplace trauma. For more information, see http://injuredworkersonline.org/documents/law-and-policy submissions/Complaint_OmbudsmanOntario_20161109_mental-stress_brief.pdf
Today, as we remember and honour those lives lost or injured, let us also continue our struggle to improve workplace benefits, health and safety, and to raise awareness to prevent further deaths, injuries and diseases, including invisible injuries. We must ensure that mental health injuries count.
Check back on the DRC main page for more information about its Invisible Disabilities Campaign.
National Day of Mourning is observed on April 28 in Canada. In other countries the day is known as Worker's Mourning Day or International Workers' Memorial Day.
The National Day of Mourning has grown to be recognized in over 100 countries around the world. This day reflects and pays tribute to workers that have either been injured, become disabled, and suffered illness or who have been killed on the job due to workplace-related incidents and hazards.
In Canada alone, three or more workers are killed or lose their life due to injury or a work related illness every single day.
As part of its campaign, the Disability Rights Caucus (DRC) highlights the invisible disabilities and psychosocial factors, not just physical causes that contribute to workplace hazards. Psychosocial factors include precarious work, high job demands, discrimination, harassment, and bullying in the workplace. All of these factors are preventable. But the injuries sustained can leave a worker disabled for life.
In addition, in Ontario, chronic mental health conditions are excluded from coverage under the Workplace Safety and Insurance Act (WSIA). Under the legislation, workers with physical injuries must show that workplace conditions are “a significant contributing factor” in the development of an injury. But in the case of a mental health, a workers’ injury must be “an acute reaction to a sudden and unexpected traumatic event.” For further information, read the excellent Ontario Human Rights Commission Consultation paper, Minds that Matter
A worker with a mental health condition may not be entitled to benefits after years of being subject to harassment from co-workers or supervisors, but a worker may be compensated where the worker witnessed a workplace accident.
In 2014, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) found that the restriction on chronic mental stress injuries in the WSIA to be unconstitutional.
However, the DRC notes that the WSIB still does not compensate for workplace injuries as a result of psychosocial factors and there has been no remedial action on the part of government bodies like the Ministry of Labour following this decision.
On this Day of Mourning, the DRC demands changes to the WSIA and the policy provisions governing workplace insurance benefits so that workers who experience mental health disabilities receive equality of benefits. The DRC also supports the community activists and legal clinics who have filed a complaint with the Ontario Ombudsman, and who are calling for an investigation into the WSIB for its treatment of workers with chronic mental stress injuries due to workplace trauma. For more information, see http://injuredworkersonline.org/documents/law-and-policy submissions/Complaint_OmbudsmanOntario_20161109_mental-stress_brief.pdf
Today, as we remember and honour those lives lost or injured, let us also continue our struggle to improve workplace benefits, health and safety, and to raise awareness to prevent further deaths, injuries and diseases, including invisible injuries. We must ensure that mental health injuries count.
Check back on the DRC main page for more information about its Invisible Disabilities Campaign.