Psychological Injury - How To Make A Worker's Compensation Claim?

If you’re an employee and are a victim of work-related psychological injury, you are entitled to workers’ compensation on a successful claim. However, they may be difficult to prove due to several factors.

The worker must contact a medical professional to verify the psychological injury to apply for the claim. Some of the common psychiatric disorders from the workplace may include Post-Traumatic Stress Disorder (PTSD), Major Depressive Disorder, and Substance-Related Disorder.

The most common causes for these injuries are toxic management, bullying, harassment, unbearable workload, breach of workplace health and other policies, or a work-related traumatic event.

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How can I prove a psychological injury?

To prove the psychological injury, the worker must consult a healthcare professional to diagnose and medical evidence. Generally, a psychiatrist or psychologist must provide the medical diagnosis/evidence rather than a general practitioner due to their specialization. In worker’s compensation claims, it is the worker’s responsibility to prove the injury and its cause.

To make a successful claim, the worker must prove that their work caused the damage during their employment. It must be a “significant contributing factor” to the psychological injury. If the injury arises from reasonable management action, such as transfer, demotion, discipline, etc., the insurer has the legal right to reject the claim.

Can I challenge a rejected claim?

If the insurer rejects the worker’s compensation claim, the individual is legally allowed to ask for a review of the legal decision. The worker must submit the review to the Worker’s Compensation Regulator within 3 months of the insurer’s decision. The worker may add new medical or other evidence, to further support their claim. The Regulator may then agree or substitute the insurer’s decision.

First Responders Compensation for PTSD (Post-traumatic stress disorder)

In May 2021, the government amended the Workers’ Compensation and Rehabilitation Act 2003 (Qld) to state that first responders and other workers (ambulance officers, qualified mine rescue workers, police officers, etc.) can apply for compensation if they get PTSD from traumatic incidents at work. However, along with the severity of the psychological injury, the claims process for psychological injuries can be very stressful for workers.

The unfamiliarity with the process and their current mental health leave them vulnerable and unable to gather evidence for the claim effectively. Moreover, the stress of the claims process is not linked to the worker’s employment and will not be compensated.

Moreover, since the insurer can reject the claim based on reasonable management action, the medical professional needs to identify the actual stressors that caused the injury.

How will this claim affect my current job and career?

Under the Act, accepted claims imply that the individuals will become protected workers. Hence, the employer cannot dismiss the worker due to their injury for 12 months. However, many individuals worry about the effects of the claim on their future job prospects.

Hence, weighing the benefits of compensation and the potential impact on prospects is necessary. If the claim is accepted, the worker can demand compensation under the Act, including – weekly wage compensation up to $349,734, lump-sum compensation, and medical expenses.

After seeking health care for the psychological injury, the worker must submit the claim to the insurer within six months. However, workers who exceed the timeframe may still receive compensation in a few cases.

We understand the fragile mental state of the victim and the complexity of the claims process. So, we’re here to help you on a no-win, no-fee basis. It’s not always easy to open up about mental health but we encourage our clients to take a step forward. Talk to one of our lawyers today to get the compensation you deserve for a consultation regarding your case.