A growing number of first responders are experiencing workplace burnout as we approach nearly two years of the pandemic. To tell us more about disability claims for workplace burnout, disability and injury lawyer Nainesh Kotak joined us. 

He says burnout disability claims are less likely to receive approval and more likely to be prematurely terminated. First responders can include police officers, firefighters, paramedics, nurses and doctors. 

Burnout is a state of emotional, physical and mental exhaustion due to prolonged, excessive stress. This can leave workers feeling anxious, overwhelmed and unable to meet the demands of their job. 

“We know in general, one in four Canadians at some point in their life will have some form of mental illness, obviously much more for front line workers because of what they see on a day to day basis,” said Kotak. “There’s ramifications of post-traumatic stress disorder (PTSD), major depression…the pandemic has worsened things considerably.”

According to the Government of Canada, 30 per cent of disability claims are related to mental health problems and mental illness. 

According to the Centre for Suicide Prevention, first responders are considered to be at a greater risk for Acute Street Disorder (ASD) and (PTSD) than most other occupations. First responders experience PTSD two times the rate of the average population. 

“Burnout leading to anxiety can make minor activities, such as getting out of bed in the morning, suddenly difficult. More demanding tasks, such as dealing with patients for nurses, may be completely overwhelming,” said Kotak. “The negative effects are compounded when facing a high-pressure work environment.”

He says Kotak Law has seen an up-tick in people claiming disability, or people having their disability claims denied. 

“These claims are very easy to deny because unfortunately we’re dealing with mental illness, which is invisible,” said Kotak. 

He says his law office tries to argue that burnout is simply a symptom of a mental disorder such as anxiety and are able to get medical opinion to support clients when they are denied. 

When people apply for a disability claim, their insurance provider will examine their application for benefits to assess whether their disability precludes them from working at an acceptable level. 

He says if your ability to work has been impacted by burnout and anxiety, here are tips to know when applying for disability benefits:

• You can apply for short- and long-term disability benefits if the workplace stress results in you being unable to continue working;
• Important to make your family doctor aware of the stress at work. Your doctor would have to provide you with an initial note explaining that you cannot continue to work;
• When filing a claim for disability benefits, your doctor will be asked to fill out a physician’s statement detailing your symptoms and the impact on your function;
• You may also be able to exercise your right to apply for employment insurance sick benefits.