Many employers find differentiating traumatic mental stress from chronic mental stress to be challenging. To provide clarity and assist leaders in better understanding the differences and considerations for both, representatives from the Office of the Employer Adviser met with WSPS Advisory Committee members earlier this fall.
The previous Trusted Leader post discussed the information provided about traumatic mental stress, considerations for assessing these types of claims and examples of outcomes.
In this post, we explore chronic mental stress claims.
Chronic mental stress
Workers may be eligible to claim chronic mental stress if they are diagnosed with conditions such as, but not limited to, acute stress disorder, post-traumatic stress disorder, adjustment disorder, anxiety or depressive disorder, arising from a substantial workplace stressor or stressors.
Substantial means that the stressor(s) are excessive in intensity as compared to normal pressures and tensions. This is an important differentiator to separate everyday challenges from those that cross a line.
For example, conflicts aren’t considered to be substantial work-related stressors as some degree of tension is expected in the workplace. However, this could change, and a claim would be warranted, if the behaviour becomes persistent, egregious or abusive.
Examples of chronic mental stress claim outcomes
The WSIAT decision 1397/21, involved a claim where an employee was subjected to behaviour that went beyond normal interpersonal conflict.
It was determined that, as the conduct carried a veiled threat to the worker's personal safety that was reasonably known to be unwelcome, it qualified as workplace harassment.
However, in WSIAT decision 35/22, a chronic mental health claim was deemed ineligible because it was based on a manager’s style. The Tribunal determined that workers are not entitled to managers with a specific managerial style, even if the manager’s style is inferior and it is not the Tribunal’s role to make judgments on the quality of a managerial style unless the manager’s behaviour is egregious, abusive or is determined to be harassment. While there is no formulaic approach to determining whether behaviour constitutes harassment, the context, nature and frequency of the behaviour would be considered.
Considerations in assessing chronic mental stress claims
To protect employees, your organization and meet requirements for adjudication, it is critical to keep thorough and accurate records. Be sure to record:
Dates
Times
Locations
Parties involved
Witness statements
Actions taken
Decision-makers must be satisfied that the mental stress injury arose from the worker’s employment and was the predominant cause of a diagnosed mental stress injury.
Mental stress injuries must be diagnosed by a qualified professional, including psychologists, psychiatrists, physicians and nurse practitioners.
The policy recognizes situations where non-work-related stressors may also exist. It is possible that a claim may be eligible even if the predominant cause of the mental stress injury is outweighed by non-work-related stressors. In complex cases like this, additional assessments may be required.
Employees are not entitled to claim chronic mental stress for employer decisions, such as terminations, demotions, transfers, disciplinary action, changes in working hours or productivity expectations.
Create a safe work environment to prevent mental stress claims
Understanding the entitlement categories and assessment of mental stress claims is important. However, the primary goal should be prevention and creating a safe and trusting work environment where employees can come to you with concerns before they escalate to claims. Consider the policies, processes and approaches you currently have in place. Do you:
Promote psychological safety and open communication without stigma?
Train managers and supervisors to recognize early warning signs and handle complaints respectfully?
Have strong harassment and violence policies in place?
Define and educate employees on clear and compliant procedures?
Provide confidential reporting channels?
Taking these steps is a good place to start and, in the event situations do become claims, be sure to manage them with care so that you can maintain the sense of trust and safety you’ve created.
If an employee seeks guidance or comes to you with a complaint, be sure to acknowledge and listen, and avoid minimizing the experience
Offer EAP or mental health support early
Ensure they are not subjected to retaliation for reporting
If necessary, consider modified duties or gradual return-to-work plans
For more information and resources to help you manage mental stress claims, contact the Office of the Employer Adviser.
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