When you experience work-related stress, you could make a successful WorkCover claim through the Queensland workers’ compensation scheme. A stress-related illness can significantly impact your mental and physical health, forcing you to take stress leave. These conditions can occur due to various factors, including long working hours, excessive workload, high-pressure work environments, and workplace bullying or harassment.
WorkCover is a no-fault insurance payment system for employees injured at work. In contrast, common law claims seek damages from your employer when their negligence causes an injury.
Seeking compensation for work-related stress can be difficult. Splatt Lawyers’ experienced workers’ compensation lawyers will advise on your entitlement to WorkCover stress leave and income payments while you recover.
Splatt’s work injury lawyers provide legal advice regarding your rights on a 100% no-win, no-fee basis. Pay when you win and zero if you lose. It’s free to know your options. Call 1800 700 125
You might consider what is stress? Work-related stress is a term used to describe how people respond to their jobs. It includes both physical and psychological responses to working conditions.
Stress at work and having too many demands placed on oneself are the two leading causes of depression. These demands might involve:
Stress can lead to:
Eligibility for WorkCover stress leave is contingent upon your employer and your specific employment terms. Fair Work Australia states employees are entitled to paid sick leave if they cannot work due to personal sickness or injury, including stress and pregnancy.
Employees should be able to take a full-paying leave of absence when they have a stress-related illness. Before applying for stress leave, you should check your annual sick leave allowance and use all your regular entitlements. Although it may provide temporary relief, chronic stress requires therapy and possibly extended leaves of absence from work to fully address the issue.
When visiting your doctor, share your health concerns and follow the steps to support the validity of your stress compensation claim. To be sure you are making your best choices.
Experiemced workplace stress compensation lawyers can advise on the legal process and your rights.
If you have a Queensland workers’ compensation claim for stress or other diagnosed mental health conditions, Splatt Lawyers helps you find a path to justice.
When you are away from your job due to a workplace psychological injury, you likely cannot afford legal help for your case. Thankfully, Splatt Lawyers carries the financial risk of your WorkCover claim. Our No Win, No Fee funding means the following:
A stress-related injury can upend your life. Seek legal advice to learn your right to receive workers’ compensation and approved paid stress leave. Call 1800 700 125
You could be eligible to make a Queensland WorkCover stress claim when you have suffered a psychological injury, and work was a significant contributing factor. In this situation, immediately seek medical treatment and inform your employer about your psychological condition.
Having WorkCover approve your stress claim can take time and effort. To succeed, it is crucial to prove the following:
If you prove your work was a significant contributing factor, you could make a successful work injury damages claim through WorkCover and be paid a lump sum benefit from a common law claim. Success makes you eligible for various benefits, including medical expenses, income support, and rehabilitation services.
Generally, a claim for stress-related disorders is likely to be accepted when you meet both of the following criteria:
A work-related psychological injury is a mental health condition that impairs a worker’s state of mind (thoughts, feelings, and emotions) and can interfere with their ability to function and interact with others. Psychological problems due to work stress are also known as mental stress.
Common types of mental health conditions that develop because of work-related stress include:
The most common causes of work-related stress are:
Stress-related conditions that last for long periods can lead to psychological and physiological illnesses that affect your health. They can include:
When you lodge a workers compensation claim with WorkCover for stress, anxiety or depression, you must show how your condition relates to your job. It would help if you documented all the stressors contributing to your mental illness. These records should include specific incident dates, times and the names of any people involved.
After claim lodgement, the insurer will respond within 28 days to advise the outcome of your matter. The WorkCover claim investigator will either accept or deny your claim.
It is typical to have an independent psychiatrist evaluate you and provide reports on your therapy and work capacity. The insurer can also assign an investigator to explore all aspects of your case. They would speak with your employer and any witnesses. You should seek legal advice if your employer asks you to contact the investigator.
If your case is denied, you should also seek legal advice. Call 1800 700 125
Payouts for mental stress claims are often substantial, chiefly because these claims involve long absences from work. The benefits included in worker’s compensation payouts depend on the circumstances of the claim. They can include:
If psychological injuries at work resulted from reasonable management action, you cannot claim workers’ compensation for stress, anxiety, or depression. Unreasonable management action includes:
Reasonable action has a broad definition and can include the following:
To avoid litigation, your employer must show that their measures were reasonable. If your employer can prove this, you must demonstrate that other work-related factors that endanger your health and safety were the root cause of your mental condition.
You must be seeking medical treatment and have a medical diagnosis that has been documented if you wish to claim workers’ compensation or make a common law claim. But first, you should discuss your mental health problems with your employer and allow them to address your concerns.
Under the Queensland Work Health and Safety Act 2011 (WHS Act) section 18, all Queensland employers have a legal duty to provide their workers with a healthy and safe workplace. You also have a legal right to privacy due to the Queensland Information Privacy Act 2009, so your employer cannot share your conversation unless you permit them. You should keep records of any emails, discussions, comments, or other interactions with your employer or colleagues regarding your situation. This evidence will be required to support your case.
Making a WorkCover claim for a psychological injury can be complicated and further escalate your stress. However, seeking legal advice from an experienced workers’ compensation lawyer can help you receive all your due benefits and minimise your anxiety.
At Splatt Lawyers, our experienced legal team advises on making a WorkCover claim for stress or another psychological injury. Our skilled work injury lawyers help you access the benefits and support needed to recover from your injury and return to work.
Splatt’s compensation lawyers recognise that every personal injury claim is unique and will devote time to listening to your story. We will communicate with your employer and WorkCover to uphold your rights and entitlements. Knowing your legal circumstances is free; you pay nothing until we win your claim, and zero if you lose. Call 1800 700 125
Considering your mental and physical health, consult your GP if you haven’t already. They can refer you to a psychologist or other health professional if necessary.
Safe Work Australia recommends the following for support and information for stress, anxiety disorders, and depression:
However, your psychological injury occurred, experienced compensation lawyers have the legal know-how to explain your rights when impacted by employer negligence. Claiming personal injury compensation for anxiety, stress, and depression is more complicated than for physical injuries, as the damage isn’t visible like a physical injury.
The pressure of workers’ compensation stress claims can further impact your mental health. Let a Splatt personal injury lawyer help with informed advice. Our work injury solicitors understand the complexities of claiming WorkCover entitlements. It’s free to understand your legal rights. Call 1800 700 125
Splatt Lawyers provides legal advice for stress-related illnesses, (including what you must prove for a successful WorkCover claim) from ten QLD-wide locations.
You can take stress leave if you have annual or sick leave. You may need to provide a doctor’s certificate confirming you are unwell.
If you cannot work due to your work-related mental illness and require an extended period off work, you should consider lodging a claim with WorkCover.
You may be eligible to make a compensation claim if you have a psychological injury because of your work.
In a hostile workplace, you regularly experience undesirable or unwelcome behaviour and bullying. It includes situations where you do not want to attend your workplace due to excessive pressure or a lack of support.
You could start legal action against a Queensland employer if your mental health problems, like stress, depression or anxiety, are due to workplace negligence in providing a safe and healthy workplace.
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