Workplace Injuries

The definition of a workplace injury is broad. Any work-related event that causes a worker to need medical treatment or time off work is considered a workplace injury. To be covered by workers’ compensation, injuries generally must occur while a worker is:

• at work
• on company premises
• on company business

While it is relatively easy to determine if someone is physically injured, psychological injuries can take many forms. Only some of these injuries are covered by workers' compensation. To be covered, the psychological injury must be one where:

• the worker is exposed to a traumatic event
• the traumatic event arose out of and in the course of employment
• the traumatic event caused the worker to suffer a psychological disorder that is diagnosed by a licensed psychologist or psychiatrist in accordance with the Diagnostic and Statistical Manual of Mental Disorders

If a worker is diagnosed with a psychological injury, it is presumed to have happened due to their employment. This applies to people who stop working and then develop a psychological injury as well.

An acute psychological injury is one that is caused by a single event that a worker is involved in or witnessed. These types of traumatic events must be shocking, horrific or involve a risk of harm to the worker or others. Generally, the symptoms of the psychological injury will appear immediately after the event.

Workplace sexual harassment that involves a sexual assault could be an event that causes an acute psychological injury depending on what happened and the person's reaction to it.

Some psychological injuries are the result of a series of events not one specific event. In these cases, it is the cumulative effect of these events that causes the injury. Generally, the injury occurs gradually over time.

Some jobs involve dealing with events on a regular basis that the general public would consider traumatic. Firefighters, police and ambulance drivers are examples of these types of jobs. Over time, dealing with these situations can cause a psychological injury.

For jobs that do not themselves involve dealing with traumatic events, psychological injury can occur based on events that are not typically expected in the workplace.

Generally, these events involve one of the following:

• death or threatened death or serious injury to the worker or others
• an event or series of unusually shocking or horrific events
• an excessive or unusual workload
• interpersonal conflicts that go beyond the tensions and pressure of normal employment

Instances of workplace sexual harassment can result in a psychological injury.

The WCB can consider claims related to workload or those that involve work-related interpersonal incidents. However, these events must be beyond the normal expectations of maintaining employment. They must generally also involve aggressive, threatening or discriminatory behaviour.

Generally speaking, to support a claim of a psychological injury caused by a series of events, there must be:

• objective facts to support the claim
• a DSM diagnosis by a licensed psychologist or psychiatrist

The events must also be the main cause of the injury. The cause of a psychological injury brought on by a single traumatic event is usually more evident. A DSM diagnosis may not be required to accept a claim in these cases.