Psychological injuries

A: All workers who are covered by the Act are eligible for compensation and medical treatment if they suffer a psychological injury from being directly exposed to a traumatic event or a series of traumatic events as part of, or in the course of, their employment. This coverage applies to all industries and occupations covered by the Act. 

A: A single traumatic event or a series of traumatic events can include: 

• Direct exposure to actual or threatened death or serious injury to worker and/or others. 
• An event or series of events that are specific or sudden and generally accepted from a public perspective as being unusually shocking, horrific or deeply distressing.
• Workload or work-related interpersonal incidents that are excessive and unusual in comparison to pressures and tensions experienced in normal employment. These must be beyond the normal scope of maintaining employment from a public perspective. 

A: If you’ve been exposed to a traumatic event or a series of traumatic events at work and suffer from psychological symptoms or psychological injury, you should: 

1. Get medical attention immediately if you need it. This can include a psychologist, general practitioner or psychiatrist. Have them report to the WCB.
2. Report the traumatic event(s) to your employer right away. Your employer must report all work injuries to the WCB when they become aware of an injury that prevents a worker from earning full wages or that requires medical attention.
3. Fill out a Worker’s Initial Report of Injury (W1) form as soon as possible. You do not need to wait for your employer to file with our board first. You can submit this form:
   1. Online: Workers can now get automatic online access to W1 online reporting with a basic WCB online account
   2. Email:  W1 PDF and email to forms@wcbsask.com.
   3. Phone: Contact a representative of our office at 1.800.667.7590. 
4. Complete and submit the Authorization to Release Information and Documentation (WMROI) form. This will allow the WCB to access relevant medical information necessary to help the WCB make a decision on your claim. 

A:

• The WCB screens the claims to determine if the events leading to your claim fall within the scope of our coverage.
• If it is immediately evident that your situation is covered, you will be notified as soon as possible by phone and in writing.
• If it is immediately evident that your situation is not covered, the WCB will notify you as soon as possible by phone and in writing. You may be asked to provide a copy of your WCB decision letter to your disability provider as proof that the WCB has reviewed and denied your claim.
• If it is unclear whether or not your situation would be covered, the WCB will develop your claim. Further development may include:
  • Obtaining relevant medical information. This may include medical information that pre-dates the work events.
  • Speaking to other people who may be able to provide further clarification.
  • Completing a file review (done by a medical consultant).
  • Sending you for a mental health assessment.

A:

• Mental health assessments can be done at several locations throughout the province or outside of the province. If you are required to attend an assessment outside of your home jurisdiction, the WCB will arrange travel expenses and booking arrangements for you. 
• Mental health assessments are based on the Diagnostic and Statistical Manual of Mental Disorders (DSM). They are done by a WCB accredited psychologist or psychiatrist to determine if you meet the criteria for a DSM diagnosis. 
• The testing and evaluation process of the mental health assessments helps determine the predominant cause of the diagnosis, a treatment plan, barriers to recovery and recommendations for return-to-work planning.

A: The Act was amended in 2016 to recognize psychological injury:

28.1 (2) Unless the contrary is proven, if a worker or former worker is diagnosed with a psychological injury by a psychiatrist or psychologist, that injury is presumed to be an injury that arose out of and in the course of the worker’s employment.

This means you need to have a diagnosis in order to meet the presumptive clause. Saskatchewan is the first jurisdiction to establish a presumption for all forms of psychological injury incurred through work (not just for post-traumatic stress disorder) and to apply it to all workers.

A: The legislation is retroactive and covers injuries that occurred prior to 2016. If you have a claim that was previously denied, you will need to ask for reconsideration. The legislation applies to new claims, even if the work injury pre-dates 2016.

A: Your first step is to contact the WCB representative who made the decision on your claim. If you are unsure of who this is, contact 1.800.667.7590 and your call will be directed to an appropriate representative. You would then ask for reconsideration of your claim. The WCB would then follow our decision-making process. For more information, here is what you can expect after you have submitted your claim. 

A: You have the right to appeal any claim decision you disagree with. You can email your appeal to appeals@wcbsask.com, fill out the online appeal form, or write to the appeals department. Learn more about appealing a decision.

If you need assistance in submitting an appeal, the Office of the Workers’ Advocate can provide free and independent services. You can contact them at workersadvocate@gov.sk.ca or call 1.877.787.2456.

A: We had heard from groups such as PTSD Saskatoon and the Saskatchewan Professional Fire Fighters Association about the importance of amending the Act to better meet the needs of those making a claim for psychological injuries.

All too often there is a stigma attached to mental health issues, making it more difficult for those who are experiencing them to come forward and seek help. We hope to ensure that those with psychological injuries stemming from their jobs will feel comfortable and confident seeking support, including filing a claim with the WCB.

A: Below is a contact list of psychological health and wellness resources available to you in Saskatchewan or view the PDF version.

Psychological health and wellness resources

For additional psychological health and safety resources, please visit the Psychological Health and Safety Resource Centre on WorkSafe Saskatchewan's website: www.worksafesask.ca/resources/psych-health-safety-resource-centre/ 

A: The WCB covers psychological diagnoses that are caused by traumatic work events. Per WCB Policy 02/2017 Injuries – Psychological, “Any reasonable action taken by an employer relating to management is considered a normal part of employment and is not considered a traumatic event.” COVID-19 vaccination and testing requirements are safety measures. Following your employer’s health and safety requirements is a normal expectation of employment and would not qualify as a traumatic event.

A: Objection to vaccination/testing based on personal preference is not protected under The Saskatchewan Human Rights Code, 2018. The WCB references the code when establishing whether or not behaviour is discriminatory. The WCB is unable to accept a claim under these grounds.