WCB Nova Scotia’s New Gradual Onset Psychological Injury Policy
What is the new policy?
Following changes made to the Workers’ Compensation Act in 2023, the Workers’ Compensation Board (WCB) of Nova Scotia will be implementing a new mental stress policy that allows coverage for psychological injuries caused by work-related gradual onset mental stress, such as bullying and harassment.
Effective September 1, 2024, workers will be entitled to compensation for psychological injuries in the form of traumatic or gradual onset stress, if the worker’s condition:
- arises out of and in the course of employment;
- is diagnosed by psychiatrist or psychologist in accordance with the Diagnostic and Statistical Manual of Mental Disorders (DSM); and
- is solely or predominantly caused by one or more significant work-related stressors.
A “significant work-related stressor” could include one or more traumatic events, or a series of egregious incidents/actions that are beyond the normal pressures of day-to-day work life.
Workers will not be entitled to compensation for traumatic or gradual onset stress if their condition is caused by:
- good faith employment decisions or actions (e.g., changes in workload or hours, layoffs, termination, etc.); or
- work-related interpersonal conflicts (unless the conflict rises to the level of bullying or harassment).
Access to Treatment
To support the implementation of this policy, WCB Nova Scotia has partnered with several mental health service providers, including Homewood Health, The Newly Institute, and EHN Canada’s Outpatient Service. These partnerships aim to expand access to mental health care, ensuring timely and effective support for workers.
Service Delivery
In addition, a new service delivery team has been established to manage gradual onset psychological injury (GPI) claims. This team of Client Care Navigators will provide trauma-informed services, help workers navigate the claim process, and connect them with necessary mental health resources. They will also focus on return to work as an essential part of the worker’s recovery.
Employer Resources
WCB Nova Scotia has developed resources for employers to help create psychologically safe workplaces. This includes tools for recognizing and addressing mental health challenges, accommodating employees’ needs, and developing return-to-work strategies.
As WCB NS does not have legislation or policy allowing for cost relief, prevention and return to work initiatives will be the only way to mitigate claim costs.
At Windley Ely, we’ve seen firsthand how active prevention can reduce the number of work injury claims, and that early and safe return to work is vital for a worker’s successful recovery. Comorbidities become more likely the longer a worker is off work, which causes unnecessary harm and increases the likelihood of permanent disability. Furthermore, supporting disability accommodation can keep employers compliant with legal requirements, and facilitating effective return to work programs can reduce both claim duration and claim costs. It’s a Win-Win strategy.
Key Implications for Employers
The introduction of this policy means that there will be an increased number of claims, which means an increased risk and costs to employers. Implementing safeguards that promote psychological well-being and prevents harm to a worker’s psychological health is the best way to mitigate this risk.
To assess the ways your workplace may be impacting psychological health, WCB NS has made resources available on their website:
https://psychsafety.worksafeforlife.ca/workplace-psychological-health-and-safety