Most employers pay premiums under Ontario’s Workplace Safety and Insurance Act, 1997 (the “WSIA”), providing workers who suffer injury or death in the course of employment with “no fault” insurance benefits.  When workplace injuries occur that are covered by WSIA benefits, workers must claim through the WSIA’s insurance plan, and are “barred” from pursuing a civil claim against their employer.

But when are mental stress claims covered?  And when must an employee claim for mental stress under the WSIA instead of filing a civil claim?
Continue Reading Mental Stress and the WSIA: Constitutionality and the “Statutory Bar”