There’s no doubt that Australian workplaces are becoming more stressful. Everything is needed faster than ever and working from home has made many employees more accessible at all hours. This has increased the incidence of mental health issues in the workplace.
Mental harm, or psychological injury, may not be as obvious as physical injury, but it can disrupt your life, making it difficult or impossible to work.
If you’ve suffered a psychological injury as the result of your work, you may be eligible to receive workers compensation.
Safe Work Australia states that 7200 Australians receive workers compensation for work-related mental health conditions every year. So it’s important to understand what you can do if this happens to you.
What is workers compensation?
Workers compensation is insurance that businesses take out in case a worker suffers a physical or psychological injury due to their job. This can cover lost wages and medical expenses for that work, and even provide a lump sum payment for more serious injuries.
Each state and territory has its own workers compensation legislation. In New South Wales, the State Insurance Regulatory Authority (SIRA) regulates workers compensation insurance, while icare provides insurance and care under various compensation schemes.
What is a psychological injury?
Psychological injury can manifest differently for different people. Generally it can include conditions like anxiety, depression and post-traumatic stress disorder (PTSD).
There are primary and secondary work-related psychological injuries:
- primary – an initial mental health issue that is work related
- secondary – a mental health issue that arises due to an initial a physical injury or illness that is work related (i.e. a reaction to a primary event or injury).
A psychological injury could cause you to:
- being less active
- feel scared or depressed
- neglect studies or relationships
- take time off work
- lose trust in your employer or colleagues
- lose confidence in yourself and your work.
Causes of psychological injuries
Mental health issues in the workplace can arise for many reasons, but common ones are:
- work pressure – being overworked or under-resourced; having unrealistic deadlines and expectations
- ongoing bullying or harassment; hostile work environment; withheld information or changing schedules
- pushing or tripping; physical threats; workplace or occupational violence
- being involved in or witnessing a traumatic event, such as the death of a co-worker.
Usually psychological injuries require more time off work than physical injuries. They can also be more complex because several factors may be involved. However, workers tend to recover from psychological injury and return to work fairly quickly.
If you can’t earn an income due to a work-related psychological injury, you could be eligible to claim compensation to cover your expenses you until you can work again.
How to claim compensation for psychological injury
See your doctor
The first step to making a workers compensation claim for psychological injury is to get a diagnosis from your doctor. They will provide you with a certificate of capacity, which will detail your condition. They may also refer you to a psychologist or psychiatrist for evaluation and treatment.
For a successful claim, you must prove that:
- the injury occurred while you were working
- your work contributed significantly to the injury.
It’s essential to provide evidence that your psychological injury wasn’t caused by factors outside the workplace.
Tell your employer
You have 30 days to tell your employer about your psychological injury from the day you become aware of it. This should initiate the claims process with iCare. You will need to fill out a claim form and provide details about your injury.
Gather evidence
After you see your doctor, you will need to collect evidence to support your claim. This can include medical reports or records from your GP and any other specialists who assess you.
This is when it’s ideal to engage a legal professional with experience in workers compensation claims for psychological injury, like Main Lawyers. We can gather this evidence for you, make sure all paperwork is submitted correctly and negotiate for you.
Submit your claim and wait for outcome
Once you lodge your claim form and supporting documents, iCare will evaluate your claim. They may need more from you, such as medical assessments or more information about your employment history and work duties. Once they have what they need, iCare will make a decision about your claim.
What you can’t claim for
In New South Wales, you can’t claim compensation for general work-related stress. You need a medical diagnosis to be able to claim.
Also, you can’t claim compensation if your psychological injury was caused by your employer taking ‘reasonable action’ such as a demotion, performance management, redundancy or dismissal.
We offer a free, no-obligation initial consultation to discuss the circumstances of your injury with you and advise whether you have a case.
Compensation benefits
You may be eligible for weekly workers compensation payments that cover:
- lost wages
- medical treatment
- return to work assistance
- compensation for non-economic loss.
For more serious injuries, you might be able to claim a lump sum for permanent impairment. If you can never return to your job, you might receive a payment for a total and permanent disability through your super.
Workers compensation is a no-fault system. However, if your work injury was due to employer negligence, you might also be able to sue your employer for damages.
Timeframes
Generally you should make a workers compensation claim in New South Wales within six months after you become aware of the psychological injury. There are exceptions to this timeframe in specific cases.
How Main Lawyers can help
Ongoing psychological trauma can significantly impact your life and make it difficult to earn an income until you recover.
However, proving a work-related injury can be complex and time consuming, so you should get assistance from an experienced compensation lawyer who understands these types of claims and can take care of the process for you.
We can meet with you to find out what’s happened and decide whether you have a case. Then we can take the burden off you, getting you the best possible outcome while you focus on getting well. Contact us today to find out more.
