You could make a WorkCover claim through the Queensland workers’ compensation scheme when you have a work-related injury. A stress-related condition 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, 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 you an injury.
Seeking compensation for work-related stress can be difficult. Splatt Lawyers’ skilled workers’ compensation solicitors can help you access your entitlement to WorkCover stress leave and income payments while you recover.
If this is your situation, please contact our work injury lawyers to discuss your legal options. Getting started is free, and there are no legal costs or fees until we win your case – Call Now: 1800 700 125
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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:
If you have a Queensland workers’ compensation claim for stress or other diagnosed mental health condition, Splatt Lawyers believes you deserve a “fair go.”
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 immediately to determine your right to receive workers’ compensation and approved paid stress leave. Call now: 1800 700 125
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: learn more about stress leave here >
Our expert workplace stress compensation lawyers will guide you through the legal process to a better tomorrow.
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You can make a Queensland WorkCover stress claim when you have suffered a psychological injury, and your work was a significant contributing factor. In this situation, you must 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 have a successful psychological injury claim through WorkCover and/or 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 usual to be assessed by an independent psychiatrist, who will report your work capacity and therapy. 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 Now 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 expert legal team will guide you through the process of making a WorkCover claim for stress or another psychological injury. Please rely on the expertise and experience of our skilled work injury lawyers to help you access the benefits and support needed to recover from your injury and return to work.
Our 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 Now – 1800 700 125.
Considering your mental and physical health, consult your GP if you haven’t already. They can send you to a psychologist or other health professional if necessary.
Some organisations provide support and information for stress, anxiety and depression. Safe Work Australia recommends the following:
However, your psychological injury occurred, our experienced compensation lawyers have the legal know-how to get you back on track. Claiming personal injury compensation for anxiety, stress, and depression can be difficult as the damage isn’t visible like a physical injury.
Workers’ compensation stress claims can be complicated, and the pressure can impact your mental health. Let a Splatt personal injury lawyer do the heavy lifting for you. Choose work injury solicitors who understand the complexities of claiming your entitlements. It’s free to understand your legal rights. Call Now 1800 700 125.
When you need expert legal advice for a work-related stress and depression claim, it’s reassuring to know that Splatt Lawyers is nearby. Choose your location:
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 might have a compensation claim if you have a psychological injury because of your work. Your condition must be associated with your job. To succeed, your employment must greatly contribute to your mental illness. WorkCover will not recognise your claim if your employer’s action is considered reasonable management action.
Every year, approximately 870 employees in Queensland have successful claims for work-related mental illness related to their employment. This is about 3.4% of workers’ compensation claims for the same period.
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.
Yes, they do. However, work stress alone may not be grounds to make a claim. You are more likely to have a claim if you also suffer from depression, anxiety, PTSD or adjustment disorder.
You could sue your Queensland employer if your mental health conditions, like stress, depression or anxiety, are due to workplace negligence in providing a safe and healthy workplace.
For a workers’ compensation claim, a psychiatric condition must be a recognised mental illness like PTSD, anxiety disorder, depression, adjustment disorder or chronic fatigue.
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