If you sustained a workplace injury and are in receipt of Workplace Safety and Insurance Board benefits for the first time, there are essential pieces of information that you should be familiar with...
Workplace Safety and Insurance Act
The three popular articles this week on HRinfodesk deal with: A case where an employee was denied entitlement to ongoing WSIB benefits because of a pre-existing back condition; an income tax folio on benefits and allowances received, published by the CRA; a case that deals with an employer's ability to randomly test for drugs and alcohol.
For years, those of us that practice in the area of Employment Law have taken it as a given: if you suffer from mental distress caused by circumstances in the workplace, you cannot bring a WSIB claim except in very limited circumstances. Unlike physical injuries, WSIB would not cover psychological or emotional damage, even if it could be shown to be a workplace injury. That has now been called into question, as a Workplace Safety and Insurance Appeals Tribunal found that the statutory provision limiting the entitlement to benefits for mental distress is inconsistent with the Charter of Rights and Freedoms and, therefore, unconstitutional.