Workers

Workplace harassment

In the context of WorkplaceNL’s coverage, workplace harassment involves aggressive, intimidating or discriminatory conduct by a person against a worker that adversely affects the worker’s psychological health and safety. Workplace harassment may involve repeated conduct or comments, or a single serious occurrence. 

WorkplaceNL may cover psychological injuries resulting from workplace harassment when: 

• The injury happens on the job. 

• The harassment involves aggressive, intimidating or discriminatory behaviour that harmed the worker’s psychological health and safety.  

• A regulated health care professional (physician, nurse practitioner, psychologist or psychiatrist) diagnoses a psychological injury supported by medical evidence and follows the Diagnostic and Statistical Manual of Mental Disorders (DSM). 

Some behaviours that may indicate workplace harassment: 

• Verbal aggression 

• Vandalizing personal belongings 

• Sabotaging work 

• Spreading gossip or rumors 

• Hazing or humiliating rituals 

• Threats or personal attacks about someone’s private life or personal characteristics 

• Inappropriate sexual conduct 

Traumatic event(s)

A traumatic event may be a result of witnessing or being the victim of a criminal act or a horrific incident. Traumatic events may have elements of actual or potential violence.  

The event(s) must arise out of and occur in the course of employment, and be: 

• Clearly and precisely identifiable, and 

• Objectively traumatic.  

Examples of traumatic event(s) include, but are not limited to: 

• Witnessing a fatality; 

• Being the victim of an armed robbery or hostage-taking; 

• Being subjected to physical violence; and
• Being subjected to threats of physical violence, where there is reason to believe the threat is serious. 

WorkplaceNL generally does not cover psychological injury due to day-to-day pressures that are part of normal work relationships or management decisions. Examples include: 

• Expressing different opinions 

• Making a valid complaint through proper processes (e.g., labour relations) 

• Changing duties, working conditions or hours 

• Expecting workers to meet performance targets or deadlines 

• Firing, laying off, transferring, promoting or reorganizing workers 

• Disciplining, supervising or giving feedback about performance 

Psychological injuries can also be caused by things that happen outside of work. WorkplaceNL does not cover injuries that are not caused by work. Even if the injury is not covered, there are community supports that may help a worker recover. Click here to learn more. 

If you are being harassed at work, it is important to report it to your supervisor or employer. If the complaint is about your supervisor or employer, your workplace’s harassment prevention plan should explain how to report it to someone outside your organization.

To submit a claim for a psychological injury, submit a Worker’s Report of Injury (Form 6) online through MyWorkplaceNL. If you are unable to complete the form online, please complete the Worker’s Report of Injury (Form 6). Click here to learn more.

Here are some things to know before you submit a claim:

• If you submit a claim, we will contact your employer. We will ask them to submit an Employer’s Report of Injury (Form 7).
• WorkplaceNL will review medical information. This may include past medical or mental health records, if relevant.
• Your employer will receive copies of decision letters about your claim, as these decisions affect them as well. If your employer objects to the claim or the claim is denied, we will send you a written decision, and your employer will receive a copy. 

If you or your employer request a review of a decision, your employer has the right to be involved. They may send us information and receive relevant information from your file, which may include witness statements, medical information, or other relevant personal information. Both you and your employer will get a copy of the review decision letter.

Staying connected at work – when it’s safe – is an important part of recovery. That’s why we will start the return-to-work conversation early. Staying at work during recovery does not affect whether a claim is approved.

An intake adjudicator will contact you to get the information needed to decide if your claim is approved. They may also speak with your employer and others who may have relevant information.

They may ask for:

• A detailed description of what happened.
• A timeline of events.
• Any workplace safety or human resources reports or processes related to the injury.
• Information about your job, such as your job description, work demands or employment agreement.
• Any documented complaints or investigation reports from the employer, police or Occupational Health and Safety Division.

We know it can be hard to share these details. We will explain why we are asking, and you can ask questions or take breaks at any time. You can also have a support person with you for these conversations.

If you want us to discuss your claim with a family member or other representative, please complete section G of the Form 6, Worker’s Report of Injury, or authorize a representative online through your MyWorkplaceNL account. If you are unable to complete the form online, please complete the Authorized Representative Consent (Form 13).

Workers diagnosed with a psychological injury due to harassment in the workplace may be eligible for wage-loss benefits, health care benefits and return-to-work services.

If you have questions about submitting a claim for a psychological injury due to workplace harassment, call a WorkplaceNL Entitlement Team Lead at 1.800.563.9000.

If you have questions about developing programs to prevent psychological injuries, workplace violence or harassment, contact Prevention Services at [email protected] or 709.778.1552.

Yes, a diagnosis from a regulated health care professional (physician, nurse practitioner, psychologist or psychiatrist) is required. Their diagnosis must be supported by medical evidence and follow the Diagnostic and Statistical Manual of Mental Disorders (DSM).

If you are being harassed at work, it is important to report it to your supervisor or employer. If the complaint is about your supervisor or employer, your workplace’s harassment prevention plan should explain how to report it to someone outside your organization.

As there may be a lot of information to review, decisions about psychological injury claims often take longer than other claims. We are here to help you throughout the process.

If your claim is accepted, you may be eligible for wage-loss benefits, health care benefits and return-to-work supports. As each claim is different, we are here to help you understand your claim.

Yes. Workers have a right to request a review of a decision on their claim. The purpose of the internal review is to ensure that WorkplaceNL’s written decisions are fair, reasonable and consistent. Click here to find out more.

There are organizations across the province that offer mental health services and support. Click here to find out more.

Your employer is entitled to relevant information concerning your psychological injury claim. This may include decision letters, functional abilities information and, in the case of a request for a review, witness statements, relevant medical information or other personal information.