Now more than ever, people are experiencing mental health issues due to work-related stresses, and while there has been a rapid incline of claims, the number that are successful is less than half. This can be disheartening to hear, but that doesn’t mean you don’t have a valid case and won’t be compensated. Here is what you need to know about making a psychological injury claim at work.
What is a work-related psychological injury?
A work-related psychological injury is a disorder or illness that can negatively affect how the person feels, behaves, interacts, and thinks due to their employment. Some common workplace psychological injuries include depression, post-traumatic disorder and anxiety.
What causes a workplace psychological injury?
A work-related psychological injury can be caused by the environment the person works in, the expectations relating to their duties, bullying, job insecurity, and so much more. It can be bought on by a singular incident or progress as time goes on. This doesn’t only affect the persons work life, but it can translate into their everyday life and can become all-consuming if the right treatment isn’t sought early on.
How do I know if I’ll be eligible to claim for my workplace psychological injury?
If you are unsure whether you are entitled to compensation for your psychological injury or not, you should speak to a legal professional. For a workplace psychological claim to be approved, you must be able to show the following:
- You have a psychological injury that has been diagnosed by a medical practitioner, and you have a medical certificate to support this.
- You can prove that your work was the dominating factor in causing your psychological injury.
- Your employer was negligent and failed to take the necessary steps to prevent you from sustaining a psychological injury when they knew it was likely to occur.
If your employer has needed to make changes that affect your employment and they have taken ‘reasonable management action’ and your injury has been caused by this, you might not be entitled to compensation.
Seek legal advice
It’s always a good idea to speak to an experienced personal injury lawyer to discuss your options. They can offer expert personalised advice on what options are available to you, given your circumstances. You should do this before attempting to submit a claim to ensure you have the best chances of getting it approved. Here are some additional things that can support your claim:
- Medical certificate and other relevant supporting documents.
- An outline of the events leading up to the injury, including dates and times.
- The people involved.
- Witnesses and their details.
- Proof that your psychological injury was caused by your employer’s negligence.
The more evidence you have to support your claim, the more likely you are to have it accepted. Keeping detailed logs of all information relating to your injury can help you get an outcome you are satisfied with.
What can I claim for?
- Medical costs associated with your injury, such as specialist appointments with relevant practitioners.
- Costs relating to changes in employment or loss of income due to your injury, as well as future loss of income.
- Travel expenses to get to and from medical appointments.
- Medications or treatments required to assist in your recovery.
- Pain and suffering.
Do time limits apply when making a compensation claim for a psychological injury?
Yes, they do. To be eligible to claim compensation for a psychological injury, you must lodge your application within six months of first seeking treatment with your GP or medical practitioner. After this, it’s likely you won’t be ineligible.
Who pays me compensation for my work-related psychological injury if successful?
If you have suffered a psychological injury at work and your application has been approved, your employer’s insurance company is the one who will pay your compensation, not your employer.
How long does a psychological injury claim take?
It can vary depending on the severity of your illness and the impacts it has placed on your life. Your lawyer will be able to give you an estimated timeframe, given your situation.
Reasons why psychological injury claims get rejected
A significant number of workplace psychological injury claims are due to alleged bullying and harassment. Under the Workers’ Compensation and Rehabilitation Act 2003, psychological and psychiatric injuries can not be compensated for when ‘reasonable management action’ has been taken, such as:
- The worker has been transferred, redeployed, retrenched, dismissed, disciplined, or demoted.
- Not awarding or promoting a worker, a leave of absence, reclassification, transfer, or benefit.
Mental health issues are a growing problem here in Australia, and many people are experiencing them because of their employment. Everyone deserves to work in a safe environment and to be treated with respect. If you are suffering a psychological injury and you believe it is due to your work, contact our highly skilled senior personal injury lawyers here at South East Injury Lawyers. While we understand dealing with mental health issues can be extremely difficult, and getting the help you need can seem like an overwhelming feat, just know you don’t have to go through it alone. Our team specialise in this area of the law, and we can guide you throughout the entire process to make it as simple as possible and allow you to get the treatment you need to get back on track. Contact us today for more information.
