When you have a work-related psychological injury or mental health condition (whether it’s a new mental injury or escalation of a previous condition), you may be eligible to receive weekly payments and a workers’ compensation lump sum payout.
Experienced workers’ compensation lawyers can explain if you have a valid mental health claim and your entitlements.
Splatt Lawyers’ team of work-related injury lawyers helps Queensland employees harmed at work understand their legal rights on a 100% no-win, no-fee basis.
Get informed legal advice for psychological injury claims caused by negligence. It costs nothing to know your legal rights. Call 1800 700 125
A diagnosed mental injury is a medical condition that results in significant behavioural, cognitive, or psychological dysfunction, where your job is a significant contributing factor. (as outlined in the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
In Queensland, you have the legal right to a healthy and safe workplace, so when an employer’s negligence causes you harm, you have the right to seek restitution. You can be injured at work, both physically and psychologically.
Hence, when someone acquires any diagnosed psychological injury or psychiatric disorder at work, they could be eligible to claim a workers’ compensation payout.
Note: Lesser well-being issues, like work-related stress, do not qualify for a WorkCover claim, unless they lead to a diagnosed psychological injury.
A Splatt workers’ compensation lawyer can advise injured workers on the legal process for WorkCover claims.
The idea of paying legal fees might make you feel more stressed if a workplace psychological injury has affected your ability to earn an income. You have no financial risk when seeking advice from Splatt Lawyers for a workers’ compensation case. Our no-win, no-fee, no-risk guarantee means that:
Our workplace accident and injury lawyers can explain our legal cost agreement during a free case review. This document outlines our 100% no-win, no-fee policy. It’s free to know where you stand. Call 1800 700 125
You may be eligible to claim workers’ compensation benefits when you are diagnosed with a mental injury, and your job is a significant contributing factor.
You can also be eligible to make a psychological injury claim for a pre-existing psychological condition that worsens because of your work. You can be eligible to seek compensation if you are a:
Splatt Lawyers can explain your legal options and eligibility during a free case assessment. Call 1800 700 125
The value of work injury damages for a workplace psychological injury claim is based on the impact of the loss related to your condition, including the following:
Experienced mental injury compensation lawyers can explain your legal options, the approximate value of a lump sum compensation payout, and common barriers to a successful claim.
To make a successful psychological injury claim, you must:
Comprehensive and compelling medical evidence is essential for a successful legal outcome. When seeking compensation, Workcover will give more weight to a psychological or psychiatric assessment than one from a general practitioner.
Typically, the employee has the burden of proof when claiming workers’ compensation. For this reason, you will likely need evidence from a qualified medical practitioner and a work injury lawyer to support the legal process.
The process for filing a workers’ comp claim for a mental health issue is the same as for physical injury claims.
Generally, the value of common law compensation payouts for mental injury at work depends on the:
These considerations include your lost future career path, often overlooked in common-law psychological injury claims.
The QLD Workers’ Compensation Commission statistics for 2022-2023 show that the average lump-sum payout for a common-law psychological injury was around $68,000.
Generally, the permanent impairment claim process begins when a worker’s compensation claim ends.
Whether you have a preexisting psychological condition or a new mental illness, an injured worker could be eligible to receive a permanent impairment payout depending on their DPI rating.
First, your weekly benefits cease. Then you have a permanent impairment assessment. When approved, the QLD WorkCover insurer will make a lump sum payout, which settles your claim for psychological injury.
However, you should seek legal advice to assess the viability of seeking common law damages, which are usually larger.
QLD workers’ compensation payout amounts for psychological injuries are capped at the maximum statutory limit of $422,292 for the 2025-2026 financial year.
Each 1% of impairment on the ISV scale has a payout value of $1,953.70. Here are some examples:
NOTE: Common law payouts for employer negligence are generally higher as they consider both economic and non-economic damages.
Queensland workers have previously had successful psychological injury claims for:
Note: You can also seek personal injury compensation if you already had mental injuries and your work made them recur, accelerate, escalate or deteriorate.
So, if you have a diagnosed mental health condition, first seek medical treatment, then seek legal advice from an experienced WorkCover lawyer.
In Queensland, there are a range of workplace incidents or behaviours that commonly cause a WorkCover claim for psychological injuries, including:
Reasonable management action is feedback or disciplinary action provided by your manager with the intent of helping you improve your work performance. Actions arising from a performance review, such as dismissal, demotion, transfer, retrenchment or redeployment, could be considered reasonable under certain circumstances. Failure to award other benefits, including promotion, can also be reasonable.
You could start a workers’ compensation claim for a mental injury without first being diagnosed by a psychologist or psychiatrist. However, you must have a formal diagnosis from a medical practitioner who will provide a Work Capacity Certificate.
Receiving treatment from a general practitioner can start the claim process, but the work injury insurer (WorkCover) will consider a diagnosis from a psychiatrist as more compelling evidence of a work injury.
There are strict time limits for Queensland workers’ compensation mental health claims. Section 131 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) states that you must lodge your case within six months. However, WorkCover can waive this time limit for some workplace incidents, which is rare.
You can also seek common law damages for severe psychological injuries, which have a three-year time limit from when the mental health issue began.
In all claim cases, early intervention is your best legal strategy. Experienced legal advice will help you understand the actions you should take (and not take) to access a lump sum compensation payout.
Yes, serious workers’ compensation claims for workplace mental injury can be stressful. However, a qualified workplace compensation lawyer can help find the best legal strategy. Claiming against WorkCover for a workplace mental illness is generally more challenging than claiming for a physical injury. There are several reasons for this:
In Queensland, approximately 6% of workers’ compensation claims were for a psychiatric disorder, and they denied about half of these. About a quarter of rejected claims had their decision reversed.
If your psychiatric disorder prevents you from working again in your usual occupation, you might also have a Total and Permanent Disability (TPD) claim through a superannuation insurance policy. When you have a successful psychological disability claim, a lump sum payout is deposited in your superannuation account.
Unlike workers’ compensation, it doesn’t matter how you acquired your mental health condition. All you need to prove is that your injury or illness stops you from working in your regular occupation. Use our quick TPD calculator now to see the value of compensation payouts.
The Queensland Worker’s Compensation Act workers who have an accepted claim. This means your boss cannot change your employment status or terminate your job for 12 months due to your injury. If you were sacked during this period, they would be penalised.
Of course, making a WorkCover claim for a mental injury can impact your future career plans within your industry. But, when your mental health condition stops you from working again in your usual occupation, you could be eligible to make a Total and Permanent Disability (TPD) claim and get a lump sum disability payout.
After making a mental health claim, returning to work usually takes some time. Because psychological injuries are complex and often involve several factors, workers need help that is specific to their mental health condition. That’s why return-to-work solutions often involve employers, workplace injury rehabilitation providers, and claims managers working together to help people get back to work successfully.
In Australia, good methods of helping people return to work include:
Experienced workers’ compensation lawyers share legal advice with employees suffering psychological injuries caused by employer negligence. They can advise on your best course of action and assist you with collating factual evidence. A free claim review can help you understand the following:
Pay for a win and zero if you lose. It’s free to know your legal position. Call 1800 700 125
Splatt Lawyers provides legal advice for claiming workers’ compensation benefits from ten QLD-wide locations.
Based on previous cases in Queensland:
There are many conditions under which your job could cause you further harm when you already suffer from a psychological illness.
People currently receiving statutory benefits often want to know the maximum payable amount under the Queensland workers’ compensation scheme.
According to Section 140 of the Workers Compensation and Rehabilitation Act 2003, 216.15 times the Queensland full-time adult’s Ordinary Time Earnings (QOTE) is the highest statutory compensation that can be awarded for injuries incurred in a single incident. Currently, the QLD QOTE is $1,953.70, which means the maximum statutory compensation sum, after multiplying this figure by 216.15, is $422.292.
In Queensland, it’s possible to make workers’ compensation claims for mental health conditions and psychological injuries when your job is a significant contributing factor.
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