Home > Services > Work Injury Compensation Lawyers > Workers Compensation Payouts for Psychological Injury
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), our workers’ compensation lawyers advise on your eligibility to receive weekly payments and a lump sum payout.
Splatt Lawyer’s team of work-related injury lawyers has assisted Queensland employees harmed by their jobs for over three decades on a 100% no-win, no-fee basis.
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You can be injured at work, both physically and psychologically. 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. 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 job stress, do not qualify as a claim. Everyone experiences work-related stress occasionally, but not with a recognised psychological injury.
It’s free to be sure, so speak with a Splatt workers’ compensation lawyer to determine if you qualify for a lump sum payout. Call Now: 1800 700 125
A Splatt workers' compensation lawyer advises injured workers on the legal process for Workcover claims.
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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. So, you will be pleased to understand that you have no financial risk when you choose Splatt Lawyers for your workers’ compensation case. Our No Win, No Fee, No Risk guarantee means that you:
Our experienced workplace accident and injury lawyers will be pleased to show you our legal cost agreement, which outlines our 100% No Win, No Fee policy. It’s free to start, so Call 1800 700 125
You can claim workers’ compensation benefits when you are diagnosed with a mental injury, and your job is a significant contributing factor. Furthermore, you can also have successful psychological injury claims when a pre-existing psychological condition worsens because of your work.
You are eligible to claim compensation if you are a:
Contact us for your legal options and eligibility for your free case assessment, or use our fast online claim check, or Call Now – 1800 700 125.
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.
When you have a workplace psychological injury claim, the value of your work injury damages is based on the loss related to your condition. This can include your:
Our experienced mental injury lawyers will help you know your legal options, the approximate value of your lump sum compensation payout, and the steps for a successful claim.
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.
Whether you have a preexisting psychological condition or a new mental illness, an injured worker could be eligible to claim a permanent impairment payout when they have a WPI rating of 15% or more. Generally, the permanent impairment claim process begins when a worker’s compensation claim ends.
At this time, your weekly benefits cease, and 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 must seek legal advice at this time because your next actions could prevent you from seeking common law damages, which are usually larger.
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 contact 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.
To have an approved workers’ compensation claim, you must show that your illness is not the consequence of reasonable management action. Your employer must have breached their duty of care for your claim to succeed and receive a lump sum offer.
There are strict time limits for Queensland workers’ compensation mental health claims. According to section 131 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), you must lodge your case within six months in most cases. There are minimal circumstances where this rule does not apply. However, WorkCover can waive this time limit for some workplace incidents, which is rare.
Furthermore, common law claims are typical for severe psychological injuries. For this type of claim, there is a three-year time from when your mental health issue began.
In all claim cases, early intervention is your best legal strategy. Expert legal advice will help you understand the actions you should take (and not take) to access a lump sum compensation payout. Call now for free advice: 1800 700 125
Yes, workplace mental injury claims can be stressful. However, a skilled workplace compensation lawyer will take on the burden of your case and find your best legal strategy. Claiming against WorkCover for a workplace mental illness is more challenging than 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. Thankfully, about a quarter of rejected claims had their decision reversed.
An experienced workplace compensation lawyer will advise you on your case and help you find the best legal strategy. Contact our team now to learn how we can help: Call 1800 700 125.
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 protects workers who have an accepted claim. Your boss cannot terminate your employment because of your injury for 12 months. 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 make a Total and Permanent Disability (TPD) claim and get a lump sum disability payout.
Our experienced workers’ compensation lawyers have supported injured workers for three decades. When you work with Splatt Lawyers, you are accessing a wealth of personal injury legal knowledge that increases your chance of a successful claim.
They will advise you on your best course of action and assist you with collating factual evidence. Contact us for your free claim review and understand the following:
When you need help claiming workers’ compensation, knowing that Splatt Lawyers is nearby is reassuring. Choose your location.
Based on previous cases in Queensland, if you are a full-time employee working up to an extra hour a day (on your usual workdays), this is not considered excessive. However, if over an extended period, you work an additional 12 hours a week, including on weekends, this is considered excessive. Every case is unique, so please contact our workers’ compensation legal team to ensure you qualify.
There are many conditions under which your job could cause you further harm when you already suffer from a psychological illness. For example, you have an excessive workload, and the constant pressure and additional hours are causing an escalation of your symptoms. Your employer would need to be aware of your existing health condition and have done nothing to address your problem.
Since the harm is invisible, receiving a compensation payout for mental injuries is frequently more challenging than for a physical injury. However, this process is more straightforward if you have comprehensive medical treatment records to prove how an injury or illness disrupts your work capacity.
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 $1,760.70, which means the maximum statutory compensation sum, after multiplying this figure by 216.15, is $380,575.31.
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