In our previous workers' compensation law post, we discussed the impact that mental health issues such as depression and anxiety are having on the U.S. workforce. Specifically, we examined how these mental health issues are costing U.S. employers an estimated $44 billion a year and the various methods that employers may consider to help alleviate some of this financial strain.

Interestingly, one Canadian province has recently recognized the costs of mental health issues - especially anxiety - to employers/employees and taken affirmative steps to expand the workers' compensation benefits available to those afflicted by these conditions.

Specifically, lawmakers in British Columbia (B.C.) are working to amend the Workers Compensation Act to provide work comp benefits to workers who are suffering from cumulative work-related stress.

However, it must be noted that these amendments have a somewhat narrow view regarding what constitutes cumulative work-related stress and dictate other rather rigid requirements.

To illustrate, employees who were fired, subjected to discipline or made to adapt to new workplace conditions are ineligible, while a physician must give the worker a recognized stress diagnosis in order to be eligible.

Under current law, work comp benefits for mental health issues are only available to those employees who suffered an "acute reaction to a sudden and traumatic event."

Proponents of the amendments - including Labour Minister Margaret MacDiarmid - have indicated that while they are aware that the amendments could increase annual work comp costs by as much as $18 million, they believe it will end up saving more money in the long run.

"There is a huge hidden cost to not addressing mental illness," said MacDiarmid. "If you're a worker and you've had a chronic problem at work and you continue to work, this can really decrease productivity. It can cause sick time. It can cause actual accidents in the workplace."

Stay tuned for further updates on workers' compensation law from our San Diego firm ...

This post was for informational purposes only and is not to be construed as legal advice.

Source:

CBC News Canada, "Stressed-out B.C. workers to get expanded benefits" Nov. 4, 2011