Educational Assistants in Ontario – Important Report of the OWSIAT

In July 2023, there was a decision by the Ontario Workplace Safety and Insurance Appeals Tribunal.

The case involves an Educational Assistant seeking leave for Traumatic Mental Stress owing to an incident with a six-year-old boy. The incident occurred in October 2018.

The child’s behavior included physical outbursts requiring the other children to be cleared from the classroom. The EA was punched and kicked by the child and was stabbed in the leg with a pencil.

While the EA had prior documented mental health issues, those issues never interfered with her workplace duties. However, the WSIB initially denied her claim.

Upon appeal and a more recent hearing through the Appeals Tribunal, the EA won her case.

Part of what helped tip the balance in her favor was documentation of violent and disruptive behavior through incident reports.

This is an extraordinary case and outcome that may have profound implications for other injured Educational Assistants.

Having reviewed the report, I have two important takeaways.

The first has to do with tenacity and perseverance.

Educational Workers in Ontario owe this worker a debt of gratitude. She hung in against all odds and the intrusive delving into her private life and history. She demonstrates just how tenacious one must be to come through the other end.

The other takeaway has to do with documentation. Incident reports matter.

If a worker is injured or a critical and perhaps traumatic event occurs, it must be reported through the appropriate documentation.

I suggest the worker retain a copy (take a picture) for their records and send a copy to your union for safe keeping.

I know countless numbers of Educational Assistants sustain serious injuries whether by an act of workplace violence or through carrying out their duties.

Traumatic Stress is also a serious injury resulting in workplace challenges as well as time off work.

This WSIBAT decision may be a game changer for other Educational Assistants injured on the job.

Decision No. 1741/21

Date of Decision: July 19, 2023

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I am Gary Direnfeld and I am a social worker. Check out all my services and then call me if you need help with a personal issue, mental health concern, child behavior or relationship, divorce or separation issue or even help growing your practice. I am available in person and by video conferencing.

Gary Direnfeld, MSW, RSW

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Gary Direnfeld is a social worker. Courts in Ontario, Canada, consider him an expert in social work, marital and family therapy, child development, parent-child relations and custody and access matters. Gary is the host of the TV reality show, Newlywed, Nearly Dead, former parenting columnist for the Hamilton Spectator and author of Marriage Rescue: Overcoming the ten deadly sins in failing relationships. Gary maintains a private practice in Georgina Ontario, providing a range of services for people in distress. He speaks at conferences and workshops throughout North America. He consults to mental health professionals as well as to mediators and collaborative law professionals about good practice as well as building their practice.