Workplace injuries aren’t always visible.
For many workers in Ontario, the most serious harm they suffer isn’t physical—it’s psychological. Whether it’s the result of a traumatic incident or prolonged exposure to workplace stress, mental health injuries can have a significant impact on a person’s ability to work and function day to day.
So where does the Workplace Safety and Insurance Board (WSIB) fit in?
In recent years, Ontario’s WSIB has recognized that mental health injuries are real—and compensable. While the system was once focused almost entirely on physical harm, the law has evolved to reflect a broader understanding of workplace wellness.
Here’s what you need to know if you’re considering a WSIB claim for a mental health injury.
Can You File a WSIB Claim for Mental Health?
Yes. WSIB allows claims for chronic mental stress and traumatic mental stress, as long as the condition is caused by work and meets certain legal and medical criteria.
- Traumatic Mental Stress
- This applies to mental health conditions caused by a single traumatic event at work. Examples might include:
- Witnessing a serious injury or death
- Experiencing a robbery or assault
- Being involved in a workplace accident
- This applies to mental health conditions caused by a single traumatic event at work. Examples might include:
To qualify, the traumatic event must be clearly identifiable, work-related, and supported by medical evidence of a psychological diagnosis (like PTSD, acute stress disorder, or an anxiety/depressive disorder).
- Chronic Mental Stress
- Chronic mental stress claims involve exposure to ongoing workplace stressors, such as:
- Workplace harassment or bullying
- Chronic overwork or unsafe work environments
- Verbal abuse or intimidation
- Chronic mental stress claims involve exposure to ongoing workplace stressors, such as:
However, not all workplace stress qualifies. WSIB requires that the stress be caused by a substantial work-related stressor and that it is excessive and abnormal compared to the normal pressures of the job.
Again, medical documentation is essential. A diagnosis from a regulated health professional is required, and the connection to the workplace must be clearly established.
What Mental Health Claims Are Not Covered?
It’s important to note that WSIB does not cover mental health conditions caused solely by:
- Interpersonal conflicts (unless they amount to harassment or bullying)
- Decisions by an employer relating to discipline, demotion, or termination
- General job stress or dissatisfaction
These issues, while challenging, typically fall outside the WSIB framework. That said, they may be addressed under other laws—such as human rights legislation or employment standards.
How Do You Apply?
Filing a mental stress claim through WSIB is similar to a physical injury claim, but with a greater emphasis on psychological evidence. You’ll need to:
- Report the injury to your employer and WSIB as soon as possible
- Provide medical evidence, including a diagnosis and treatment plan
- Describe the workplace incident or conditions that led to your condition
- Cooperate with WSIB’s adjudication process, which may include further medical assessments
It can be a sensitive and emotional process, but you don’t have to go through it alone.
Do I Need Legal Help?
Mental health claims are often more complex than physical injury claims—especially when it comes to proving that your condition was caused by your work. That’s where working with a legal representative or paralegal who understands the WSIB system can make a big difference.
At Nelligan Law, we have a dedicated WSIB paralegal who helps workers across Ontario prepare and appeal claims, gather evidence, and advocate for the benefits they need. If your claim has been denied or you’re unsure if you’re eligible, we can help clarify your options. Mental health injuries are just as real and valid as physical ones. If your mental well-being has been harmed by your work, you deserve to be heard—and supported. WSIB claims for psychological injuries can be complex, but with the right help, they’re not impossible.
Contact us today at info@nelliganlaw.ca to speak with our team about your WSIB options.
