Sometimes, a psychological injury in the workplace doesn’t happen all at once.
Sometimes, a work-related psychological injury happens gradually due to significant stressors, such as bullying and harassment, that take place over time.
Starting this fall, this type of psychological injury will be compensable in Nova Scotia. As the first province in Atlantic Canada to have this type of workplace injury become compensable, the WCB will apply innovative approaches and best practices learned from other jurisdictions, to help the people we serve.
The change becomes effective in September, 2024. As the date approaches, this section will be kept up to date, as we prepare for new, innovative service approaches for a new type of compensable injury in our province.
We’ve been working to get ready for this change for a while. It’s a big part of a new executive structure, organizational change, new roles and new leadership. The WCB service model for gradual onset stress will be different from our typical case management practices.
We are hiring a new team, with new roles, to deliver an exceptional service experience, complete with customer excellence and trauma-informed services.
Workers and employers can expect customized, personal service, based on their own situation, and mental health.
The worker will be at the centre of the service model – with the goal of keeping them connected to work, in a way that is safe and healthy, and returning as soon as it’s possible, in partnership, collaboration and principles of care.
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Q&As
We've been collecting your questions as we prepare to protect more Nova Scotians from workplace injury. Please take a look at the following links for more information about Gradual Onset Psychological Injury:
We'll continue to update these Gradual Onset Psychological Injury Q&As in the weeks and months ahead, so check back often.
What’s changing?
For decades, “stress” has been compensable under the Workers’ Compensation Act – but only in the case of acute reaction to a traumatic event, clarified by policy to also mean “events.”
This provision of the legislation was extended in 2018 to allow for presumptive entitlement for first responders with PTSD – and in the past several years our service to workers and employers with this type of psychological injury represents an increasing area of focus.
Across Canada, however, things were different. In seven other jurisdictions across the country, stress was compensable even if it came on gradually, specifically if it was due to someone’s work, or was the result of workplace bullying or harassment.
But this wasn’t the case in Nova Scotia, until now.
Beginning in September 2024, Nova Scotia becomes the first Atlantic Canadian province to make gradual onset stress a compensable workplace injury.
What types of injury are covered, and what types are not?
The supporting policy for the legislation is in circulation through the consultation process. While it is not yet final, that draft policy includes:
- The worker must have a diagnosed psychological injury.
- The worker’s injury must be caused by a significant work-related stressor.
- The psychological injury must be predominantly (at least 51%) caused by said significant work-related stressor
Interested in the detailed policy? Please review it here.
The revised Act does not cover mental stress caused by interpersonal conflicts (except for workplace harassment or bullying). It also doesn’t cover actions or decisions of the employer relating to the worker’s employment.
What about claims already submitted?
If you have a claim pending (meaning a claim has been made but no final decision has been made) as of September 1, 2024, you will have your claim decided under the new rules related to work-related mental stress.
If you have a pending appeal at that time, you will have those appeals sent back to the WCB for consideration under the new legislation.
Workers who have received final claim decisions before September 1, 2024 are not eligible to re-file the same claim.
Will this increase employer premiums?
Any new benefit creates new costs, and ultimately the system needs to remain sustainable into the future. While we have rough estimates, it’s of course not responsible to make specific rate determinations at this point. We simply do not have enough information yet to answer this effectively.
We are applying the same experience rating formula as we do today with this new claim population.
Part of our preparation for this change will include resources and supports to help employers understand their responsibility to provide a workplace that is both physically and psychologically safe, in order to minimize impacts.
As always, the Board of Directors will meet to determine rates, guided by our new Approved Rate Range. The Board will take a long-term view when they do that, informed by what is best for the system as a whole.
We are acutely aware of the cost of workers’ compensation insurance in our province, and it is our goal to create a system that’s sustainable, financially solid, and that provides good value for both employers and workers.
Our service to workers and employers
The service journey is very different for Nova Scotians impacted by this type of injury – both workers, and employers.
Our service will recognize that, starting even before the claim is submitted.
Workers can expect...
- You’ll be able to use an online self-assessment tool
- You’ll be able to file by phone, which means you can contact us from any location that works for you, which may or may not be your workplace
- You’ll have access to a new specialized role to guide you through the process, personally, and connect you to other mental health services in the community
- The decision on your claim will be made by a decision maker who specializes, just in this type of claim
- Recovery, treatment and connection to the workplace in a healthy way begins right away
- We’ll also stay connected and help long term, with check-ins and access to the right supports
Employers can expect...
- The same self-assessment tool will help you support your employees.
- You’ll get the same dedicated service, navigating your way through a claim in your workplace.
- We’ll provide self-serve resources, and return-to-work navigation support along the way.
Prevention through healthy workplaces
Like any injury, the best type is the one that never occurs.
Fostering healthy, respectful workplaces is so important, and the key factor in healthier outcomes. We will be there to help.
We already have a number of tools and resources available to foster safer, healthier workplaces – physically and psychologically speaking. We’re developing more, leveraging best practice. And, we’re hosting webinars to answer questions about the draft policy, just to name a few parts of our approach.
Access our current psychological injury prevention resources, as well as the valuable resource at the Nova Scotia First Responders Mental Health website.
Return to work can be part of recovery
Our services, approaches, and processes for this new type of compensable injury will focus on innovative and different approaches based on best practice.
There will be a focus on returning to work, and work as a part of recovery, when it is psychologically safe to do so. We are committed to supporting workers in their recovery, and in returning to work as quickly and safely as possible. New services will address the biopsychosocial occupational needs of Nova Scotians impacted by gradual onset stress, to facilitate a safe and sustainable return to work.
The right services, at the right time, will ensure Nova Scotians get the care they need and, in doing so, enhancing both treatment and RTW outcomes.
Founded in several specific objectives including Rapid Access, Proactive communication, Appropriate and Exemplary Care that is also Work Connected, and informed by best practice, we’re building a program to ensure positive outcomes – for Nova Scotians and their employers.