# Should you apply for workers comp? (PE)

> URL: https://www.aftermetoo.com/article/should-you-apply-for-workers-comp/pe/  
> Language: en  
> Description: In Prince Edward Island, workers comp can replace lost wages, but harassment claims are hard to win—how to tell whether it's worth applying.

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Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to [find a lawyer](https://www.aftermetoo.com/article/how-to-find-and-work-with-a-lawyer/) who can help you.

The [Workers Compensation Board of PEI](http://www.wcb.pe.ca/) is an independent Prince Edward Island organization funded by Island employers that gives benefits and supports to people who’ve been injured at work. These can include replacement of lost wages, health care (including rehabilitation, counselling, and medications), and, in extreme situations, retraining.

## **Facts**about the Workers Compensation Board

- The WCB functions like an insurance provider. Employers pay premiums to the WCB for the people who work for them. As a result, those people are entitled to benefits if they suffer a workplace injury.
- About 95% of workers are covered by the WCB because most workplaces are required by law to register with the board.
- Every year, the WCB assesses about 1,700 claims. It approves 90% of those claims.
- Since January 2025 the WCB covers psychological injuries due to work-related harassment and bullying. 
- Before the definition of psychological injury was expanded in 2025, one percent of all claims accepted were for this type of harm.
- Sources: [Workers Compensation Board of PEI Annual Report 2023](https://www.wcb.pe.ca/DocumentManagement/Document/pub_annualreport2023.pdf), [Workers Compensation Board of PEI](https://www.wcb.pe.ca/), [Association of Workers’ Compensation Boards of Canada](https://awcbc.org/en/statistics/ksm-annual-report/)

If you’ve been harmed by sexual harassment at work, you might think the WCB will help you.

- Maybe after you were harassed, you took time off work and so lost income.
- Maybe the harassment damaged your mental health, and you ended up needing to spend money on medication for anxiety or depression.
- Maybe the harassment had such an effect on you that you had to leave an industry and ended up needing to retrain for a new type of work in a different field. 

Those are the kinds of expenses—replacement of lost wages, medication costs, retraining costs—that the WCB often covers.

Historically, the WCB has mostly handled claims related to physical injuries suffered by workers in male-dominated fields like construction, manufacturing, and uniform occupations like policing and firefighting. If you slip at work and break your ankle, or are struck by a falling object, or are injured in a fire or explosion: that is the kind of situation the WCB was designed for and has a lot of experience handling. 

Since January 2025 the WCB has accepted claims for psychological injuries caused by workplace harassment. But at this writing not enough time has passed for us to say how likely that kind of claim would be successful. In many other jurisdictions they often aren’t accepted. 

## Psychological injury **claims**

The WCB defines ‘harassment’ as “inappropriate sexual conduct…including, but not limited to, sexual solicitations or advances, sexually suggestive remarks, jokes or gestures, circulating or sharing inappropriate images, or unwanted physical contact.” It’s most likely that a harasser will be a co-worker, though cases involving clients or members of the public might be accepted. 

To make a claim you need a diagnosis from a psychiatrist or psychologist based on the *Diagnostic and Statistical Manual of Mental Health Disorders-5.*Examples include trauma disorder, generalized anxiety disorder, and post-traumatic stress disorder. The reaction to the harmful behaviour must be “acute.” 

The WCB won’t cover every kind of mental stress that arises at work. If you develop a mental health condition caused by your employer making changes to your shifts or other working conditions, for example, or firing you, or due to interpersonal conflicts that don’t involve harassment, you aren’t eligible to file a claim.

## How to **make** a **WCB claim**

You can begin filing your claim on the WCB [website](https://secure2.wcb.pe.ca/Workers/WorkersReport). Claims must be made within six months by reporting to your employer, health-care provider or the WCB. 

## For **more information**

The WCB’s website includes a page covering [frequently asked questions](https://www.wcb.pe.ca/DocumentManagement/Document/pub_psychinjurycoveragegeneralfaq.pdf) about psychological injuries due to work-related harassment.

## Legal **help**

Representing yourself is possible when first making a claim. But if your claim is denied, appealing is more complicated. Here are some places that offer free or lower-cost legal services:

- The [RISE](https://www.risepei.com/) program provides legal supports to PEI workers who have experienced workplace sexual harassment. This includes free legal advice from a lawyer for up to four hours.
- The [Office of the Worker Advisor](https://www.princeedwardisland.ca/en/information/economic-growth-tourism-and-culture/office-of-the-worker-advisor) is an independent government agency that can provide information, advice, and representation to you throughout the WCB process. It also represents workers who appeal to the Workers Compensation Appeal Tribunal.
- [Community Legal Information](https://legalinfopei.ca/) can help you understand the law and navigate the justice system. If it thinks you need to speak to a lawyer, it will refer you to one for a 45-minute consultation. The cost of this consultation is $25.
- [JusticeNet](https://www.justicenet.ca/) is a not-for-profit service for those whose income is too high to qualify for legal aid but too low to afford regular legal fees. To qualify you must have a net family income under $70,000, or $90,000 if there are three or more people in your family, and be experiencing financial difficulties. Participating lawyers’ reduced rates vary depending on your family size and income.
- Your workplace union, association, or employee assistance program may be able to help you find legal services or cover part of your legal fees.

For advice on hiring a lawyer, see [How to find and work with a lawyer](https://www.aftermetoo.com/article/how-to-find-and-work-with-a-lawyer/).

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## Article reviewers

Aftermetoo articles are reviewed by members of the following panel of people and organizations. Not every member reviewed every article; regional articles were reviewed by lawyers in that jurisdiction.

- Kathleen Avery, LLB, lawyer, Yukon Workers’ Safety and Compensation Board
- Barbara Bergmann, JD, lawyer, Workplace Sexual Harassment Clinic/Yukon Legal Services Society
- Meredith Brown, JD, lawyer, Calibrate
- Stephen Carpenter, LLB, lawyer, Workers Compensation Board of PEI
- Amber Chisholm, JD, associate director, Public Legal Education and Information Service of New Brunswick (PLEIS-NB)
- Callandra Cochrane, JD, lawyer, Barbra Schlifer Commemorative Clinic
- Alexander Dezan, JD, legal counsel, Yukon Human Rights Commission
- Sandra Guarascio, JD, lawyer, investigator, facilitator, Roper Greyell LLP Employment + Labour Lawyers
- Andrea Gunraj, vice-president, public engagement, Canadian Women’s Foundation
- Sara Hanson, JD, senior associate, Moore Edgar Lyster LLP
- Noah Jacobs, BA, Public Legal Information Association of NL
- Khurram Khurshid, LLB, research officer, New Brunswick Human Rights Commission
- Raphaëlle Laframboise-Carignan, JD, lawyer, RavenLaw LLP
- Kevin Love, JD, lawyer, Community Legal Assistance Society, BC
- Sarah McCoubrey, BFA, JD, MEd, lawyer, Calibrate
- Lesley McCullough, JD, founder and director, Workplace Sexual Harassment Legal Clinic, Yukon
- Alison McEwen, JD, RavenLaw LLP
- Garreth McGrath, JD, legal support navigator, Public Legal Information Association of NL
- Sarah McHugh-Wade, BA, legal support navigator, the Journey Project
- Sandra MacKenzie, JD, lawyer, Lawson Lundell LLP
- Anna-Marie Manley, LLB, lawyer, Patterson Law
- Deepa Mattoo, LLB, lawyer and executive director, Barbra Schlifer Commemorative Clinic
- Loretta Merritt, LLB, LLM, lawyer, Torkin Manes Barristers & Solicitors
- Chetan Muram, JD, counsel, Toronto Workers’ Health and Safety Legal Clinic
- Gobhina Nagarajah, JD, staff solicitor, Newfoundland and Labrador Human Rights Commission
- Alex Norris, JD, associate, Carbert Waite LLP
- Anita Nowinka, BSc, JD, associate, Carbert Waite LLP
- Kim Nutz, JD, Sunstone Legal in association with West Legal
- Kevin O’Shea, JD, executive director, Public Legal Information Association of NL
- Coral Rajchgot, LLB, JD, former intern, Aftermetoo
- Carley Reynolds, BA, criminology; JD, counsel, Donich Law
- Lucie Roubin, avocate, Juripop
- Ginette Savoie, director, Workers’ Advocate, Government of New Brunswick
- Paméla Schiavoni, JD, lawyer, New Brunswick Human Rights Commission
- Mary Shortall, president, Newfoundland and Labrador Federation of Labour
- Morgan Sim, JD, MA, international relations, lawyer, Parker Sim LLP
- Cécile Simon, JD, avocate-conseillère, Juripop, Bureau du respect de la personne
- Michelle Squires, JD, project manager, Canadian Mental Health Association, York Region
- Dayna Steinfeld, LLB, JD, Winnipeg lead lawyer, RavenLaw LLP
- Keir Vallance, JD, lawyer, Bainbridge Jodouin Cheecham Barristers & Solicitors
- Sherri Walsh, JD, managing partner, Hill Sokalski Walsh LLP
- Madeleine Werker, JD, associate, Grosman Gale Fletcher Hopkins LLP
- Canadian Labour Congress
- The Help and Information Center on Workplace Harassment (GAIHST)
- Newfoundland and Labrador Human Rights Commission