Is PTSD Considered a Disability for Workers' Compensation?

PTSD (post-traumatic stress disorder) is often associated with veterans who have been in combat. However, combat is not the only cause of PTSD. A person may develop PTSD for other reasons, including work-related trauma. In some situations, work-related PTSD could be considered a disability for workers’ compensation in Hamilton, Ontario.

Post-Traumatic Stress Disorder (PTSD)

Anyone can develop PTSD after exposure to psychological stress. It is a serious mental health condition that can severely impact a person’s ability to work and function in daily life. Examples of traumatic events that could result in PTSD include car accidents, natural disasters, being in combat, witnessing a violent death, and catastrophic events. A series of traumatic events may also cause PTSD.

PTSD Symptoms

PTSD symptoms often develop within a few months of the traumatic event, but some people do not develop symptoms until years after the event. Symptoms vary by person and may change over time. Examples of PTSD symptoms include:

  • Intrusive memories
  • Flashbacks
  • Persistent negative thoughts
  • Nightmares and sleep disturbances
  • Feeling emotionally numb or having a low mood
  • Bouts of severe anger
  • Always feeling on edge or in danger (being hyperalert)

Certain things can trigger PTSD episodes, such as specific sounds, smells, situations, thoughts, and sights. A licensed health care professional must diagnose PTSD based on specific criteria.

PTSD Diagnosis

Generally, a doctor may diagnose PTSD if the person has symptoms that last longer than one month and cause significant problems with school, work, social/family life, or other important aspects of life. The doctor rules out other physical or mental health disorders that could explain the patient’s symptoms.

Can PTSD Qualify for Compensation Under the Workplace Safety and Insurance Act (WSIA)?

A worker may be entitled to workers’ compensation benefits under WSIA if they experience chronic or traumatic work-related mental stress. Work-related psychological injuries include post-traumatic stress disorder (PTSD).

Under the Workplace Safety Insurance Act, it is presumed that a diagnosis of PTSD is work-related for specific first responders and other workers. According to the Act, workers who may be covered under the PTSD presumption include:

  • Police officers
  • Full-time, part-time, and volunteer firefighters
  • Paramedics
  • Fire investigators
  • Ambulance service managers
  • Members of an emergency response team
  • Workers in a correctional institution
  • Emergency medical attendants
  • Workers involved in dispatch
  • Workers in a place of secure custody or secure temporary detention
  • Provincial bailiffs appointed under the Ministry of Correctional Services Act
  • Members of the College of Nurses of Ontario who directly provide patient care
  • Probation officers appointed under or in accordance with the Child and Family Services Act or the Ministry of Correctional Services Act and their direct supervisors
  • Members of a police service
  • Special constables under the Community Safety and Policing Act of 2019
  • Wildland fire investigators
  • Wildland firefighters

The above workers are entitled to workers’ compensation benefits if they are diagnosed with PTSD and meet the other requirements for employment under the WSIA.

The above workers are not the only workers who can receive workers’ compensation for PTSD. However, other workers must prove that work-related conditions or trauma caused their PTSD. If they can establish a link between their jobs and their diagnosis of PTSD, they may qualify for workers’ comp benefits.

A worker can receive workers’ compensation benefits for a work-related PTSD diagnosis. The benefits include:

  • Health care costs: The WSIB pays for all health care costs related to the PTSD diagnosis, including emergency care, medical treatment, and hospitalization. The worker may also receive prescription medications and counseling services for PTSD. For severe cases of PTSD, the WSIB may pay for personal care if the condition prevents the worker from performing activities of daily living.
  • Loss of income benefits: Workers’ compensation also pays for loss of income when PTSD prevents the worker from performing their job. A loss of income benefit usually equals 85% of the employee’s net earnings loss.
  • Permanent injury benefit: A worker may receive non-economic damages if their PTSD results in a permanent degree of impairment. The benefit would depend on the severity of the impairment and how it impacts the person’s daily life.

A lawyer can discuss what benefits you might be entitled to with you. 

A Hamilton Workers’ Compensation Lawyer Can Help You Seek Workers’ Compensation for PTSD

It can be difficult to obtain workers’ compensation for PTSD, even if you are included on the list of presumptive occupations for PTSD. Other workers may find it more challenging to prove that their PTSD is work-related. A Hamilton workers’ compensation lawyer can help you gather the evidence you need to prove your claim. 

Contact Our Workers’ Compensation Law Firm in Ontario, Canada

If you need legal help with a personal injury case, contact the team at Findlay Personal Injury Lawyers to schedule a free initial consultation today.

Findlay Personal Injury Lawyers – Hamilton, ON
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