Recently I blogged about the transition rules for the new mental stress provisions in the Workplace Safety and Insurance Act.
One of the transition rules allows workers who sustained a mental stress injury before January 1, 2018, to file a claim and have it adjudicated by the WSIB under the new mental stress provisions, provided that
- You have not filed a mental stress claim before, and
- Your injury occurred on or after April 29, 2014.
The limitation date for filing those claims is almost upon us: the deadline is July 1, 2018.
If you fall into this category, you need to get a “Form 6” from the WSIB’s website, and complete and file it, without delay! (You can either download a PDF to fill in, or file an “eForm6” online)
If you miss the deadline, you may lose your right to make your claim forever.
And because mental stress claims are now subject to the WSIA’s right of action provisions, you may also be unable to obtain damages for mental stress in a civil action or a grievance arbitration, regardless of whether you filed a WSIB claim. (For more information about the right of action provisions, and how they affect grievance arbitration, you can read a paper I recently presented at the Law Society’s Six-Minute Labour Lawyer conference.)
This blog contains general information and should not be relied on as legal advice in an individual case. If you need advice about a WSIB claim or appeal, please visit the website of my law office, asingletonlaw.ca, and book a consultation.