You could make a WorkCover claim through the Queensland workers’ compensation scheme when you have a work-stress injury. Work-related stress, anxiety, and depression are serious conditions that 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 system of insurance payment to employees if they are hurt at work, whereas a common law claim is a legal action for injury damages claimed from your employer when their negligence causes you an injury.
Seeking compensation for work 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 workplace injury legal team 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. or email us >
You might consider what is stress? Stress is one of those conditions that most people think about at some point in their lives. However, it’s important to remember that stress affects not just our physical well-being but also our emotional state. Stress can lead to:
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. Depression is caused by work stress and occurs when too many demands are placed upon a person. These demands might involve dealing with difficult co-workers, having unrealistic expectations about performance, or being overworked. More about WorkCover claims >
If you have a Queensland workers’ compensation case for stress or another workplace mental illness, Splatt Lawyers believe 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. Because of this, we will carry the financial risk of your WorkCover case with our No Win, No Fee funding until you settle, which means the following:
Workers’ compensation claims for stress, anxiety and depression can be complicated, and the pressure can impact your mental health. Let our personal injury lawyers 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.
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 circumstances such as stress and pregnancy.
Employees who experience illness caused by stress should be entitled to full-pay leave from work. 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, you must follow steps to support the validity of your stress compensation claim. To be certain you are making your best choices – learn more about stress leave here >
You may be eligible to lodge a Queensland WorkCover stress claim if you have suffered a psychological injury while at work. Stress, anxiety, and depression related to work can considerably affect your well-being and job performance. In this situation, you must seek medical care immediately 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 can prove this, 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 mental stress 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, 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:
Experiencing stress in your job 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.
You cannot claim workers’ compensation for stress, anxiety or depression if your psychological condition regarding your work performance was acquired by reasonable management action. Reasonable action has a broad definition and can include the following:
In this circumstance, your employer needs to show their measures were reasonable. If your employer can prove this, you must show that your mental condition was caused by other work factors that endangered your health and safety.
Unreasonable management action includes harassment and bullying, and not following fair procedures.
If you are experiencing stress, anxiety, depression, or other mental health conditions because of your workplace environment, see your doctor and have your illness diagnosed and documented. Following this, you should discuss your situation with your employer. Make them aware of your case and allow them to address your concern.
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. If your employer fails to address your safety concerns, this evidence will be required to support your case.
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:
Making a WorkCover claim for a psychological injury can be complicated and further escalate your stress. 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 lawyers recognise that each compensation case is unique and will devote time to listen to your story and assess the situation. We will provide guidance on the stress claims legal process, maintain communication with your employer and WorkCover, and ensure your rights and entitlements are upheld.
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:
Claiming personal injury compensation for anxiety, stress, and depression can be difficult as the damage isn’t visible like a physical injury. Parties involved can be adversarial because of the stigma associated with mental health, making the process more challenging and stressful. If an injured person decides to pursue a worker compensation claim, it’s best to seek advice from a work injury lawyer with expertise in handling this type of legal matter.
Contact Splatt Lawyers now or immediate legal support. Call 1800 700 125.
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.
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.