Bill 127, Stronger, Healthier Ontario Act

Bill 127, Stronger, Healthier Ontario Act includes changes to the Workplace Safety and Insurance Act, 1997 (WSIA) to allow compensation for work-related chronic mental stress under the Workplace Safety and Insurance Board (WSIB) if certain conditions are met.

People with chronic mental stress with an accident date on or after January 1, 2018 must meet three conditions to be entitled to WSIB benefits:

  1. an appropriate regulated health professional, such as a family physician, provides a diagnosis based on the Diagnostic and Statistical Manual of Mental Disorders (DSM);

  2. the person has experienced a substantial work-related stressor(s), like workplace bullying or harassment; and

  3. the substantial work-related stressor(s) was the predominant cause of the appropriately diagnosed mental stress injury.

People with chronic mental stress with an accident date before January 1, 2018 may be eligible for WSIB benefits if they meet the three conditions above, and if they:

  1. have an accident date on or after April 29, 2014, and they have not filed a claim with the WSIB for the mental stress before January 1, 2018; or

  2. have not yet received a final decision on their mental stress claim by the WSIB and/or the WSIAT as of January 1, 2018.

People with chronic mental stress with an accident date after April 29, 2014, who have not filed a claim with the WSIB for the mental stress before January 1, 2018, must also file a claim on or before July 1, 2018 to be eligible.

If a claim is allowed under the new policy, WSIB benefits can include psychological assessment, treatment, prescription medications, wage replacement and return-to-work services.

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