Whereas first responders are the front line at most tragic events in our cities and bear witness to events that can leave a lasting and negative impact on the individual psyche and that these negative impacts can manifest themselves in a number of mental health injuries; And whereas these mental health injuries can result in issues of both absenteeism and presenteeism in the workforce thus having a direct impact on local governments and insurance providers: Therefore be it resolved that a medical diagnosis of a mental health injury by a bona fide medical practitioner representing the patient, be presumed by WorkSafe BC as to have happened out of and during the course of employment, with the burden of proof to the contrary borne by WorkSafe BC; And be it further resolved to award financial benefit and treatment immediately to a worker who has submitted a mental health injury claim, with the worker, their specialist and WorkSafe BC agreeing that if it is proven that the injury is not a result of duties of their employment, there will be a repayment for costs.
Ministry of Jobs, Tourism and Skills Training and Responsible for Labour Government appreciates the time and consideration that was dedicated to drafting this Resolution. Government also is keenly aware of the difficult circumstances many first responders have faced and cannot imagine the toll this has taken on them. The difficult work that first responders do every day in British Columbia is very much appreciated. Government and WorkSafeBC certainly recognize that PTSD and other mental disorders are debilitating outcomes for some workplace incidents. As the Resolution notes, Government has acted by amending the Workers Compensation Act to expand coverage for BC workers who experience work-related mental disorders, including PTSD. Since the change in legislation, many mental disorder claims have been accepted by WorkSafeBC, including PTSD cases for first responders. WorkSafeBCs specialized claims unit for mental disorders thoroughly investigates all mental disorder claims within the scope of the Act. The assistance provided by WorkSafeBC also includes mental health supports the same day a worker experiences a traumatic event, support for returning to work, wage-loss benefits, and health care benefits including treatment by a psychologist or psychiatrist. In addition, employers of first responders have a responsibility to ensure they are provided with the information and training to ensure their health and safety in carrying out their work. With regard to the Resolutions recommendation that financial benefits be made immediately available to a worker who has submitted a mental health injury claim, WorkSafeBC policy sets out that a preliminary determination to provide temporary financial relief to a worker can be made before the claim is initially adjudicated if certain conditions are met. For treatment related expenses, WorkSafeBC policy sets out that WorkSafeBC may pay for health care before a claim is initially adjudicated where the health care is necessary to optimize recovery or necessary to assist in the adjudicative process. The following health care can be provided before a workers claim is initially adjudicated: -WorkSafeBCs critical incident response program which provides critical incident intervention to workers and employers who have experienced a traumatic event. -Supportive counseling services are provided to injured workers. -Mental health support can also be provided to clients as soon as a need is identified. -A team of 10 contracted social workers provide support to injured workers and their families around the province, 247. -WorkSafeBC provides access to a 247 telephone crisis line staffed by professional counselors. -A pilot project involving an on-line educational program commenced in September 2016. This service, which helps clients develop and strengthen coping strategies, is currently being offered to clients in the Mental Health Claims Unit while their claim is pending adjudication. If a workers compensation claim for a mental disorder is allowed, WorkSafeBC will also reimburse costs associated with psychological treatment received while the worker was waiting for a decision on their claim. Government and WorkSafeBC have taken legislative, regulatory and policy action to address this complex issue. Government will ensure that it continues to monitor this important and evolving issue and will continue to work with WorkSafeBC, the Ministry of Health, first responders and other stakeholders to support the well-being of first responders.