Gradual onset psychological injuries are different from traumatic psychological injuries. WCB Nova Scotia's Board of Directors has approved the policy that will guide WCB decisions for psychological injury claims, including claims for gradual onset psychological injury.

Gradual onset psychological injuries are injuries that take place over time and are due to a significant work-related stressor or series of significant work-related stressors, such as harassment or bullying, which is defined in the Psychological Injury Policy as follows:

“Workplace harassment or bullying” means a single significant occurrence or a course of repeated occurrences of objectionable or unwelcome conduct, comment or action in the workplace that, whether intended or not, degrades, intimidates or threatens, and includes all of the following, but does not include any action taken by an employer or supervisor relating to the management and direction of a worker or the workplace:

(i) workplace harassment or bullying that is based on any personal characteristic, including, but not limited to, a characteristic referred to in clauses 5(1)(h) to (v) of the Human Rights Act, 
(ii) inappropriate sexual conduct, including, but not limited to, sexual solicitation or advances, sexually suggestive remarks or gestures, circulating or sharing inappropriate images or unwanted physical contact.

Under the legislation, injuries resulting from gradual onset or traumatic psychological injury are eligible for compensation when they: 

• arise out of and in the course of employment,  
• are wholly or predominantly caused by one or more (or a cumulative series) of significant work-related stressors, such as harassment or bullying, and
• have a psychological injury diagnosis made by a registered psychiatrist or psychologist. 

It’s important to note that day-to-day stressors in the workplace relating to interpersonal conflicts that arise out of labour relations, performance management, etc., are not covered by this new legislation. Interpersonal conflicts or actions/decisions of the employer relating to the worker’s employment are not considered work-related stressors. The revision to the Act covers mental stress that takes place over time, primarily workplace harassment or bullying.

Based on experience in other jurisdictions, we expect the number of claim applications to be between 500 and 1000, and that these will largely come from a few specific sectors. 

We’re working hard to prepare, in a number of ways.

• We are building new entitlement decision-making processes 
• We are hiring additional case workers 
• We are adding new roles that will improve service, and establishing key service performance measures 
• We are designing a comprehensive training program that includes trauma-informed care 
• We are contracting with mental health service providers including psychologists and psychiatrists 
• We are designing new processes to support workers and employers with safe and timely return to work 
• We have consulted on the draft policy that will guide claims adjudication. 
• We are building new tools and resources to support psychologically safer workplaces. 
• We are building relationships with community mental services 
• We are sharing information about the claim journey and our claims management processes on our corporate website. 
• Every employer will also receive prevention awareness tools and resources, including digital, downloadable tools, and we will be scheduling additional prevention-focused webinars.

The legislation for gradual onset psychological injury will come into effect September 1^st, 2024. This legislation also enables an increase in funeral benefits to $15,000, with annual increases in those benefits indexed to the Consumer Price Index (CPI). 

Claims filed with WCB Nova Scotia for a gradual onset psychological injury today will be adjudicated using the current legislation, which does not enable coverage for these injuries. 

Workers who have a claim pending (meaning a claim has been made but no final decision has been made) on September 1, 2024, you will have your claim decided under the new rules related to work-related gradual onset psychological injury. 

If you have a pending appeal at that time, the appeal will be sent back to the WCB for consideration under the new legislation. 

For information and advice, please contact the Office of the Worker Counsellor (902-455-5455), info@workercounsellor.ca.  

If you have already filed a claim with us, you can contact the Workers’ Advisers Program (1-800-774-4712), for free legal counsel.

Nova Scotia will be the first Atlantic province to provide WCB coverage for work-related gradual onset psychological injury. Seven other jurisdictions in Canada offer similar coverage for this type of work-related injury, including Ontario, British Columbia, and Alberta. We are reviewing their experiences and learning from them to build the best possible service experience for eligible workers in Nova Scotia. 

Under the policy, a DSM (the Diagnostic and Statistical Manual of Mental Disorders) diagnosis is required prior to claim acceptance. However, what’s different in our service model for gradual onset psychological injury is that the process of supporting a worker will often begin right away, even before a claim is accepted. 

WCB will begin the return-to-work process as early as possible, even before a claim has been accepted, working closely with employers, and connecting workers to appropriate mental health supports during those very early days of a claim, supporting the worker as best we can. Both workers and employers will benefit from dedicated navigator positions – people who will help you understand the process.  

While research from other jurisdictions does indicate these more complex claims can take a little longer than more straightforward physical injury claims to resolve, it’s important not to speculate exactly what might happen in Nova Scotia. It’s also true that adjudication of these claims can take a little longer, because of the information that is needed, including diagnosis, and understanding the events and how they connect to work. 

We understand concerns about the availability and timeliness of access to mental health services.  

Achieving safe and timely return to work for all injury types, including work-related psychological injuries, is a top priority for the WCB, and will be an integral part of our service delivery for gradual onset psychological injuries. That`s one of the reasons we`re adding a self-assessment tool on our website later this year, and, why we`ll work to support both workers and employers, even before a claim is accepted, to provide support and care for a safe and timely return to the workplace. 

We have secured agreements with mental health service providers to deliver services and supports for gradual onset stress to injured workers within identified timeframes. Read more about the access to mental health supports these providers are making possible.

We will also be engaging with experts to provide contract services to help us validate claim details for entitlement, and to provide mediation services if those are needed to support recovery and return to work. 

We are also forming partnerships with organizations that provide online mental health supports – like 211 Nova Scotia - to ensure workers can be connected to helpful supports right away, and leading up to their first appointment with a service provider. 

There are a variety of ways that workers, employers and leaders can learn more about the importance of psychological health and safety in the workplace. Sign up to attend webinars or online courses, many of which are free of charge. Thanks to a partnership between WCB Nova Scotia and the University of Fredericton and the University of New Brunswick, Nova Scotians can take advantage of discounted educational courses, as well. Learn more here.

A gradual onset psychological injury is a work-related psychological injury that happens over time, and which is wholly or predominantly caused by significant workplace stressors, such as bullying and harassment. View the full legislation making gradual onset psychological injury compensable in Nova Scotia.