Psychological Injury Lawyers: Mental Health Compensation Claims

Our psychological injury lawyers provide mental health compensation legal advice when you have suffered a psychological injury due to another person or party’s negligence. In this situation, you may be entitled to make a psychological injury compensation claim for a recognised mental illness, such as:

In Queensland, you may also be elgibile to claim workers’ compensation for work-related psychological injuries.

Splatt’s personal injury lawyers offer legal advice for mental health claims on a 100% no-win, no-fee basis. Pay when you win and zero if you lose. It’s free to be sure.  Call 1800 700 125

100% No Win, No Fee Psychological Injury Compensation

Your finances may not in great shape when your mind struggles with a psychological injury, and you can’t work. You may consider seeking professional legal advice about your rights, but you are worried about the fees of a psychological injury lawyer or solicitor.

Splatt Lawyers has a  100% no-win, no-fee, no-risk policy. All eligible mental injury patients can access our 100% no-pay legal funding with no upfront or ongoing legal fees.

We cover your expenses, including reports from medical and psychology professionals. Pay our legal costs when you win and nothing if you lose, with no hidden or extra charges. It’s our No Win, No Fee, No Financial Risk guarantee.

More about our pricing

QLD Psychological Injury Lawyers

A QLD psychological injury lawyer can explain your right to claim compensation.

Claiming Psychological Illness Compensation

Psychological injury compensation icon

A range of mental disorders is eligible for a psychological personal injury claim. Some common claimable mental health conditions include:

PTSD (Post Traumatic Stress Disorder)

PTSD is typically triggered by observing a traumatic event or series of incidents for an extended period.

 More about PTSD claims here

Workers compensation claim icon

In Queensland, you could claim workers’ compensation when you suffer a new or worsened work-related mental injury. There is no minimum whole-person impairment rating to qualify for a lump sum payout.

However, it can be challenging for injured workers to get benefits approved by the state workers’ compensation authority.

Workers’ compensation lawyers can explain how it works.

Mental illness claim icon

A compensable stress and anxiety disorder is sometimes a work-related psychological injury. Mental injuries can be caused by:

  • Bullying, harassment and intimidation
  • Working dangerously long hours
  • Unreasonable management action

Personal injury lawyers can explain your right to claim work injury damages.

Depression can originate from work situations but is often secondary to a physical injury. 

You can experience emotional distress when recovering from a personal injury, or it can originate from undesirable behaviour like workplace bullying.

More about emotional trauma claims

Mental health TPD claim icon

When your mental illness prevents you from working again in your regular occupation, you could be eligible to claim a lump sum TPD insurance payout through your superannuation.

More about TPD claims

What is Considered a Psychological Injury?

A psychological injury is a mental disorder or illness triggered by a traumatic event or stressful situation or associated with a physical injury. It is a recognised psychiatric ailment arising from an incident damaging enough to impact the injured person’s capacity to do their job or daily routine tasks. These disorders can range from:

  • Mild to severe anxiety
  • Depression
  • Post-traumatic stress disorder (PTSD)
  • Bipolar disorder, schizophrenia
  • Adjustment disorder or social anxiety disorder

You can also suffer mental harm when someone close to you is injured in a catastrophic accident, and you learn about the incident or view the scene soon after it happens.

How to Make a Successful Psychological Injury Claim

There are six steps to lodging a successful psychological injury claim in Australia.

  1. Get immediate help from a psychologist or psychiatrist with a formal diagnosis. Then, follow their treatment plan.
  2. For work-related psychological injury claims, lodge a report with your employer and QLD WorkCover (within 30 days)
  3. Collect medical reports and other evidence to support your case
  4. You have the right to seek legal advice from a psychological injury lawyer about your next steps.
  5. File a claim
  6. Challenge a rejected claim or receive a compensation payout

How Much Compensation for a Psychological Injury Claim?

Everyone has unique circumstances. What you can claim and the value of lump sum compensation varies according to your condition and how it was acquired. If you have an approved psychological injury claim, you may receive some or all of the following:

  • Workers’ compensation payments: QLD WorkCover provides weekly payments when you are not working.
  • Medical expenses: your medical costs (related to your illness) are covered.
  • Permanent Impairment Payout: you could get lump sum compensation for your work-related illness or injury.
  • Damages Claim: You could be eligible to make a common law claim for psychological harm and receive a lump sum amount.

It’s free to know how legal damages apply to your circumstances. Call 1800 700 125

How are personal injury claims are calculated

Value of Compensation Payouts for Psychological Injury

The value of compensation payouts for psychological injury depends on several factors, including:

  1. The severity of your mental disorder and its impact on your life
  2. How your injury occurred and the likelihood of a full recovery
  3. If you have a new psychiatric condition or escalation of a previous injury
  4. The type of personal injury claim or insurance claim

NOTE: For personal insurance claims, it does not matter how you acquired your condition.

Average Psychological Injury Payouts QLD

  1. Common Law Claim: According to QLD workers’ compensation scheme statistics 2022-2023, the average lump sum payment for a psychological injury common law settlement was approximately $68,000.

  2. Whole Person Impairment Claim: In Queensland, lump sum payments for psychological injury do not require a minimum permanent impairment rating. For successful workers’ compensation claims, whole-person impairment lump sum payouts range between approximately $57,000 and $631,000

  3. Mental Injury TPD Claims: You make a TPD claim for mental injuries when you can’t work again in your usual occupation. A successful TPD lump sum payment in Australia ranges from $50,000 to $500,000. Some people with multiple superannuation accounts can make more than one claim for the same mental health condition,

Psychological Injury Common Law Claims

When your psychological disorder is due to another party or person’s full or partial negligence, you could have the right to make a common law claim. In this case, you are seeking damages (suing for your loss) against the at-fault party’s insurance company. For example, when your employer causes you mental harm, you are suing the QLD workers’ compensation insurer.

Psychological injuries can have the same level of severity and impact on individuals compared to physical injuries. The amount of your mental illness compensation will depend on.

  1. Your type of psychological injury
  2. The severity of your mental illness
  3. How long it will take to recover

Common law payouts can be significant and paid in a lump sum. Find out more by contacting our legal team now

More about psychological injury common law claims

In Queensland, everyone has the legal right to a healthy and safe workplace. If you have a workplace injury that has damaged your mental well-being (i.e. your work was a significant contributing factor), you could claim workers’ compensation.

The success of workers’ compensation claims for work-related mental injury relies on linking your mental damage with your occupation (either fully or partly). Your job-related injury could have influenced your behaviours, emotions, feelings and thinking and been expressed as either:

  • Post-traumatic stress
  • Severe depression
  • Suicidal thoughts
  • Considerable anxiety

Actions and events that can lead to mental health problems include the following:

  • Workplace bullying
  • Workplace harassment
  • Discrimination or vilification
  • Unreasonable workplace management
  • Witnessing a single traumatic event

You could claim compensation for emotional distress when you feel mental distress, anxiety, or depression due to someone else’s duty of care failure. This condition is often associated with recovery from a personal injury. To have a successful claim, the injured party must show that:

  • The other party had reckless disregard for your welfare and
  • You suffered physical or mental damage as a result

In Queensland, psychological injury claims are subject to strict time limits. If you believe you have a mental health condition because of an incident (or series of incidents), you have the right to seek legal advice. Regardless of how you were harmed, including:

  • At work
  • On the road
  • In a public place
  • Witnessing a traumatic event
  • Or working too hard

Can I Make a Psychological Injury Claim?

You can make a claim for psychological injury when you suffer psychological harm because another person or party failed to keep you safe. In other words, they failed their duty of care. In Australia, everyone has a general responsibility to take reasonable steps to protect the safety of others.

Splatt Lawyers can advise if you have a valid mental illness claim. Our personal injury legal team offer a free case review. Call 1800 700 125

QLD Psychological Injury Lawyers Claim Legal Advice

A claim for psychological or mental injury damages is based on a diagnosed disorder caused by the negligence of others. In this situation, a personal injury lawyer explains how to establish liability for your financial loss. They assist you in proving psychological injury and identifying who was at fault.

Splatt Lawyers’ mental health compensation team explains your rights and entitlements in plain English. It’s free to be sure. Call 1800 700 125

Psychological Injury Lawyers Near Me

Our personal injury lawyers can explain your rights and eligibility to claim lump sum compensation for a mental illness caused by the negligence of others, from ten QLD-wide locations.

Mental Health Compensation FAQs

Successful psychological injury claim icon

Can I make a mental health claim?

If you are suffering from depression, anxiety, stress, post-traumatic stress disorder (PTSD), eating disorders, self-harm, or other mental disorder, you may be entitled to claim under the Queensland Workers Compensation and Rehabilitation Act 2003.

In some cases, you may also be eligible to claim if your workplace caused the escalation of a pre-existing psychological illness.

Time limits for making a claim vary depending on your claim type. A compensation lawyer can explain the time constraints that apply to your circumstances.

You can make a work injury damages claim for a workplace psychological injury when your job significantly contributes to your mental disorder. You can be eligible to claim when you acquire a new condition, or your workplace worsens an existing illness. This includes ailments like PTSD, depression and anxiety, as well as work-induced stress, burnout and emotional trauma. 

Experienced workers compensation lawyers understand how it works.

The time it takes to settle a common law mental illness claim relies on the case’s complexity and, often, the settlement size.

  • Large payouts are more likely to face challenges from the insurer, who will typically try to delay payment as long as possible. 
  • A settlement also takes longer when multiple parties are liable for an injury or when they dispute liability.

In the workplace, mental stress and exhaustion from work pressure, or incidents of bullying and harassment, are not generally considered grounds for pursuing a claim for psychiatric injury. Furthermore, temporary emotions like stress and anger will also not form the basis of a successful claim.

On the other hand, prolonged exposure to stressful situations may contribute to developing a severe psychiatric disorder and provide grounds for seeking damages for psychological injury.

Our Team Can Help with a Free Claim Assessment!

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