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kotak: what are the options when workplace stress becomes too much?

whether it’s covid-related stress or abusive behaviour in the workplace, disability insurance may provide you with an option to escape the toxicity and regain your mental well-being.

by nainesh kotak

published jun 14, 2022

3 minute read

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3 minute read

join the conversation

kotak: what are the options when workplace stress becomes too much?

it's not easy to be an employee in an environment that negatively affects your mental health. getty

when jennifer valentyne, a former toronto radio personality, revealed this spring that she was the target of alleged abusive behaviour and workplace bullying by a co-worker at one of the city’s popular radio station q-107, the case attracted a lot of media attention, as did claims in 2021 that julie payette, while governor general of canada, created an abusive workplace environment. these stories made headlines, but there are hundreds of other instances of abuse that are often not talked about. in fact, a recent study looking at harassment and violence in canadian workplaces found that 71.4 per cent of employees have experienced at least one form of harassment and abuse in their workplace in 2021.

and as more companies begin to put back-to-office plans in place, some employees — for whom working from home has offered reprieve from a toxic workplace, and thus, a better state of mental health — may be feeling overwhelming stress and anxiety as they contemplate a return to in-person working.

there are a number of causes of workplace stress. you may be dealing with an unreasonable or abusive boss, more work than you can handle, unsupportive supervisors or co-workers, unreasonable demands, or bullying and gossiping. and since covid-19 is still a risk, the safety of your health can be another cause of workplace stress and anxiety.

according to the centre for addiction and mental health (camh) from january 2022, 24 per cent of canadians disclosed they needed mental health services to cope with the pandemic in the past 12 months, but were unable to receive them. people with jobs that expose them to a high risk of contracting covid-19 reported large increases in adverse mental health symptoms, with 37 per cent reporting moderate to severe anxiety, compared to 23.5 per cent last summer — the highest levels recorded since the pandemic began.

whether it’s covid-related stress or abusive behaviour in the workplace, disability insurance may provide you with an option to escape the toxicity and regain your mental well-being. for example, when an employee is abusive to another, to the extent that it affects their mental or physical health, there may be a claim for damages for mental suffering. stress leave using disability benefits is an option and, in some workplaces, may allow workers to get better clarity on their situation. the workplace safety and insurance board (wsib) may get involved since an employer may be vicariously liable in certain workplace situations.

what if my workplace is toxic?

if you are in a toxic workplace or facing abusive behaviour from a supervisor or co-worker, it’s important to prepare your case. see a doctor if you are feeling stress, mental health issues or any physical reactions; document incidents, save any relevant emails or messages, and report to your hr department or direct report. if the issue is not being resolved, get a legal opinion to review your options. and know that stress-leave is an option.

you can apply for short or long-term disability benefits if workplace stress results in you being unable to continue working, which is why it’s important that you make your family doctor aware of how you are feeling — they will have to provide a note explaining that you cannot continue to work. you would then file a claim for disability benefits and your doctor will be asked to fill out a physician’s statement detailing your symptoms and the impact on your function.

it’s not easy to be an employee in an environment that is neither supportive, nor just, to the point that it negatively affects your mental or physical health. but there are options.

nainesh kotak, is the founder of kotak personal injury law, a firm focusing on protecting their client’s rights to justice and obtaining the compensation their clients deserve. he also serves as the chair of the long-term disability section of the ontario trial lawyers’ association.

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kotak: what are the options when workplace stress becomes too much?

whether it’s covid-related stress or abusive behaviour in the workplace, disability insurance may provide you with an option to escape the toxicity and regain your mental well-being.

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kotak: what are the options when workplace stress becomes too much?

whether it’s covid-related stress or abusive behaviour in the workplace, disability insurance may provide you with an option to escape the toxicity and regain your mental well-being.

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