Psychological Injury Workers Mental Health Compensation Claim

When you have a work-related psychological injury or mental health condition, our workers’ compensation lawyers let you know your eligibility to receive weekly payments and lump sum compensation. Furthermore, when your job escalates an existing mental illness, you could also have a successful psychological injury claim.

Splatt Lawyer’s team of work-related injury lawyers has assisted Queensland employees harmed by their jobs for nearly three decades, on a 100% no win, no fee basis.

Get informed legal advice for personal injury claims now. It costs nothing to know your legal rights. Call Now – 1800 860 777

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What is a Work-Related Mental Injury?

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 a legal right to restitution. When someone acquires any diagnosed psychological injury or psychiatric disorder because of their job, they could be eligible to claim workers’ compensation.

Work claims for psychological injury are also known as mental health or work stress claims. They are the same thing, with the only difference being the type of disorder. It would help if you understood that lesser well-being issues, like job stress, would not qualify as a claim. Everyone experiences work-related stress occasionally, but not with a recognised psychological injury.

Please speak with our legal team if you are still determining if you qualify for a lump sum payment. It costs nothing to know your eligibility. Call Now – 1800 700 125

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Our expert compensation lawyers guide injured workers through the legal process to a better tomorrow.

100% No Win, No Fee Psychological Injury Compensation

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.

Can I Make a Workers’ Compensation Claim for Mental Injuries?

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:

  • Full-time employee
  • Part-time employee
  • Casual worker
  • A subcontractor

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.

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What Evidence Do I Need to Claim Mental Health Compensation?

Comprehensive and compelling medical evidence is essential for a successful legal outcome. Mental health professionals will diagnose and treat your condition. 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 an expert work injury lawyer to support you through the legal process.

Your claim will not succeed when your injury is due to the following:

  • Reasonable management action
  • The employees’ perception of reasonable management action
  • WorkCover action relating to the workers’ compensation claim

How Much are Workplace Psychological Injury Claims Worth?

When you have a workplace psychological injury common law claim, the value of your work injury damages is based on the loss related to your condition. This can include your:

Generally, the value of common law compensation depends on the severity of your work injury (its impact on your life) and your chance of recovery. As with all legal cases, the quality of evidence is the key to success.

Comprehensive expert reports from a doctor, psychiatrist or other medical professional supporting your prognosis are essential for your case. The impact of your mental injury on your life can also include your lost future career path, which is often overlooked in common-law psychological claims.

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.

Common Types of Psychiatric Injury for Compensation

Queensland workers have previously had successful psychological injury claims for:

If you have a diagnosed mental disorder, first seek medical treatment, then contact an experienced work injury lawyer.

You could also seek personal injury compensation if you already had mental injuries and your work made them recur, accelerate, escalate or deteriorate. Changes in your health that challenge your capacity to work can be eligible.

In Queensland, there are a range of workplace incidents or behaviours that commonly cause a WorkCover claim for psychological injuries, including:

  • Bullying and harassment
  • Toxic management
  • Excessive volume of work
  • Lack of proper training
  • Unclear job role
  • A single traumatic event at work
  • Unfair work procedures
  • Breach of workplace health and safety rules

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.

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If Queensland WorkCover rejects your psychological injury claim, you can request a decision review. Generally, you must lodge your request within three months of the initial outcome. 

Your review lodgement should provide fresh factual and medical proof for the Workplace Insurance Regulator that reinforces your claim. They will then re-assess your case and either set aside, validate, or substitute the original decision.

Permanent Impairment Payouts for Psychological Injuries

Whether you have physical injuries, a preexisting psychological condition, or a new mental illness, an injured worker could be eligible to make a whole-person impairment claim. Generally, the permanent impairment claim process begins when a worker’s compensation claim ends. At this time, your weekly payments cease, and you have a permanent impairment assessment. When approved, the QLD WorkCover insurer will make a lump sum permanent impairment 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.

More about permanent impairment >

What Are the Time Limits for Work Mental Health Claims?

There are strict time constraints for Queensland 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. In some instances, WorkCover can choose to waive this time limit, but this is rare.

Furthermore, common law claims are typical for severe psychological injuries. In this situation, you are suing your employer for damages. (Your Queensland employer’s insurance company typically funds your compensation.) There is a three-year time limit for damages claims from when your psychological 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 payment. Your case evaluation costs nothing, so get started now.

Are Psychological Injury Claims Stressful?

Claiming against WorkCover for a workplace mental illness is more challenging than a physical injury. There are several reasons for this:

  1. You can see a physical injury
  2. Psychiatric injuries are not visible and rely on expert evidence
  3. You need not prove reasonable management action for a physical injury.

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.

Enduring the hassle of making a legal claim when having a disordered mind is difficult. So 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. Contact our team now to understand 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. In this case, you claim the TPD benefit contained within your superannuation insurance policy. When you have a successful psychological disability claim, a lump sum payout is deposited in your superannuation account, where you can withdraw the funds.

How you acquired your mental health condition has no impact on the success of your claim. All you need to prove is that your illness stops you from working in your regular occupation. Use our quick TPD calculator now to see the value of compensation payouts.

More about TPD claims >

Workers’ Compensation and Rehabilitation Act 2003 (Qld) has sections relating specifically to WorkCover claims for first responders and other eligible employees when exposed to trauma because of their job. When diagnosed with post-traumatic stress disorder by a psychiatrist under diagnostic criteria DSM5, the mental illness is work-related when it:

  1. originated from the worker’s employment
  2. their job was a major contributing factor

Here is a list of eligible occupations under Queensland workers’ compensation legislation:

  • Emergency call centre operators
  • State emergency service personnel
  • Ambulance employees
  • Child protection officers
  • Corrective services officers
  • Trauma and emergency doctors and nurses
  • Firefighters
  • Police officers
  • Mine rescue workers

More about PTSD claims >

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, having a WorkCover claim for a mental injury can impact your future career plans within your industry. It would help if you considered the benefits you will achieve from pursuing compensation versus how it will affect your future employment.

If your condition is likely to stop you from working again in your usual occupation, consider making a Total and Permanent Disability (TPD) claim.

Can I Claim TPD benefits? >

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How Workers Compensation Lawyers Help Claim Work Injury Damages

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 will increase your chance of success. 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:

It’s free to start, and pay nothing until you win – Call Now 1800 700 125

When you need expert workers’ compensation legal advice, knowing that Splatt Lawyers is nearby is reassuring. Choose your location.

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Psychological Injury Workers Compensation Payout FAQs

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 will be more straightforward if you have comprehensive medical treatment records.

 

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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