B.C. introduces bill to expand mental stress coverage

British Columbia has introduced a bill to expand mental stress coverage under the Workers Compensation Act.

Bill 14 would amend the act to expand compensation for mental stress arising from the course of the worker’s employment to go beyond the current requirement of “an acute reaction to a sudden and traumatic event” and include:

•the reaction to one or more traumatic events

•the reaction to a significant work-related stressor

•the reaction to a cumulative series of significant work-related stressors

Stress resulting from employment decisions like discipline, termination or a change in working conditions will continue to be excluded from coverage. To be eligible for mental stress compensation in B.C., a recognized diagnosis will be required, according to the government.

“Just as we wouldn’t expect a window washer who sustains physical injuries to go it alone, we shouldn’t expect workers who experience mental health problems as a result of their job to fend for themselves,” said Bev Gutray, CEO of the Canadian Mental Health Association’s B.C. division.

“It’s important for workers to have greater security and support when dealing with workplace-related mental health conditions, and an added benefit is that this legislation encourages B.C. employers to actively promote mental health in the workplace.”

Additional amendments

Additional proposed amendments to the Workers Compensation Act include changes related to apprenticeship compensation, inflation adjustment contributions and survivor benefits for common law spouses.

“We need to maintain a safe and productive workforce in order to create and maintain jobs in B.C,” said Minister of Labour, Citizens’ Services and Open Government Margaret MacDiarmid, who introduced the amendments to the province’s legislature. “The amendments introduced today will ensure our workers compensation system continues to be relevant to workers and employers.”

Apprentice compensation

•this change will see apprentices and learners receive compensation that is more fairly based on their loss of earnings due to their injury

•currently, they receive benefits based on their current wage for the first 10 weeks of their temporary disability — after 10 weeks, that rate jumps to the starting rate of a qualified person in the trade.

•this amendment will change the compensation provided to apprentices and learners so that after 10 weeks, benefits for a temporary disability will be based on the wage rate they earned on the day they were injured or on their average earnings in the previous 12 months – whichever is greater

•compensation for permanent disabilities will continue to be based on the starting rate of a qualified journeyperson

Common law spouses – survivor benefits eligibility

•this amendment changes the act to recognize common law marriage rights after a couple has lived together for two years, rather than three years, if they have no children

•this means common law spouses will be eligible for survivor benefits sooner in the case of a workplace fatality

•common law couples with children remain eligible for survivor benefits after one year of cohabitation

Inflation adjustment confirmation

•various sections of the act refer to specific dollar amounts for compensation and penalties

•these dollar amounts are adjusted each year with the consumer price index so as to keep up with the cost of living

•this a legal housekeeping amendment that confirms in the act the past changes to these dollar amounts, and has no impact on workers or employers