In 2016, the Workplace Safety and Insurance Act, 1997 was amended to create a presumption that post-traumatic stress disorder (PTSD) diagnosed in first responders is work-related. While the intent behind this legislative change was to facilitate quicker access to treatment and benefits, this is not necessarily the case. Disputes often arise over loss of earnings benefits, as well as the level and duration of impairment. Disputes can also arise around diagnoses; particularly in claims involving First Responders and Chronic Mental Stress.
In 2018, the Workplace Safety and Insurance Act, 1997 was amended once again, to allow for entitlement to chronic or traumatic mental stress arising out of and in the course of a worker's employment. This means that if you are a First Responder, but have a psychological diagnosis other than PTSD, your claim would be adjudicated pursuant to the Board Policies regarding Chronic Mental Stress and/or Traumatic Mental Stress. Such claims can involve situations of workplace harassment and/or bullying, or chronic work-related stress.
Having many years of experience handling claims for First Responders, Michelle Zare has developed an expertise in this area of WSIB law, and she is passionate about her advocacy for her First Responder clients. If you are a First Responder and are facing challenges with the administration of your WSIB claim or are facing an appeal regarding the extent of your entitlement, contact us to schedule your free consultation.
Frequently Asked Questions.
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