WSIB / Workplace InjuryFixed feeMental stress and PTSD claims

First responder PTSD claim

Claim for post-traumatic stress disorder for presumptive first responders.

A claim usually must be filed within six months of the event, or of learning that the condition is work-related; the WSIB sets its own decision times. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Reviewing the work events and the WSIB policy for the type of mental stress claim
  • Gathering the diagnosis from a qualified provider and the medical records
  • Preparing a statement of the work events, with dates and witnesses
  • Completing and filing the claim, and following up with the WSIB
  • Preparing an objection if the claim is denied, where the service covers it

What is not included

  • Medical reports and opinions, records and other disbursements
  • Objections or WSIAT appeals, unless the service names them
  • A lawsuit against someone other than your employer, which is usually lawyer work
  • Medical treatment or vocational assessments
  • Attending a hearing when the service covers documents or advice only

Who this service is for

  • Police, firefighters, paramedics and other first responders with PTSD
  • Workers affected by a sudden traumatic event at work
  • Workers with chronic stress caused by substantial work-related stressors such as harassment

Information to have ready

  1. 1The diagnosis and reports from your psychologist, psychiatrist or doctor
  2. 2A timeline of the work events and the names of witnesses
  3. 3Any complaints or incident reports made at work

Frequently asked questions

How much does it cost?

The fee is $750 plus 13% HST ($847.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.

What happens when I check out?

You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.

What is the PTSD presumption?

For first responders and certain other listed workers, Ontario law presumes that PTSD diagnosed by a psychiatrist or psychologist is work-related unless shown otherwise.

Are stress claims about ordinary workplace decisions covered?

Usually not. Stress caused by an employer's decisions about your work, such as discipline, job changes or termination, is generally excluded.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed; the WSIB and the WSIAT decide entitlement
  • WSIB deadlines are strict, and late objections may not be accepted
  • Medical evidence comes from your health providers, not from us
Law Society of Ontario — Barreau de l'Ontario
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