Gradual Onset Stress to be Covered Under Workers’ Compensation Act

Nova Scotians who experience significant stress over time as a result of their employment will be able to submit a claim to the Workers’ Compensation Board.

A bill tabled in the legislature today, October 13, would amend the Workers’ Compensation Act to allow gradual onset stress to be considered an injury eligible for compensation.

“We want to make sure working Nova Scotians are supported and have a healthy workplace to go to each day. Unfortunately, that’s not always the case for some workers,” said Jill Balser, Minister of Labour, Skills and Immigration. “This legislation will ensure the workplace insurance system is prepared to support workers who have experienced significant workplace stressors over time, with the goal of returning to work healthy.”

Nova Scotians and business owners have told the government they want a modernized approach to workers’ compensation insurance, including support for psychological injuries. This change will ensure workers have access to benefits and can return to work safely.

The amendments also include parameters for workplace stress that will not be considered, including issues such as performance management, termination of employment, a change in job description and interpersonal conflict.

These amendments would take effect next September, allowing time for the Workers’ Compensation Board to recruit specialized staff and consult with interested parties on developing policies.

The bill also increases funeral benefits for workers who have died on the job from $4,000 to $15,000, and indexes those benefits to the consumer price index.

Quotes:

“This is a positive step forward to better protect Nova Scotians from psychological injury, and it brings us in line with other jurisdictions coast to coast. We look forward to working with the government to help protect both workers and employers from the impacts of this new type of compensable injury in our province.”

– Karen Adams, CEO, Workers’ Compensation Board

Quick Facts:

• workplace stress injury coverage in the Workers' Compensation Act currently only allows for an acute reaction to a traumatic event
• this legislative change would bring Nova Scotia in line with other jurisdictions across Canada and make it the first in the Atlantic provinces
• this amendment will not have an immediate cost to employers
• funeral benefits would be brought in line with the rest of the country with no financial implication to the system

Additional Resources:

Bills tabled in the legislature are available at: https://nslegislature.ca/legislative-business/bills-statutes/bills/assembly-64-session-1

Workers’ Compensation Act: https://nslegislature.ca/sites/default/files/legc/statutes/workers%27%20compensation.pdf