Psychological Injury Compensation Lawyers for Mental Health Claims

If you have suffered a psychological injury or emotional distress due to the negligence of another person or party, our psychological injury lawyers will help you pursue a compensation payout. The law of negligence covers your legal right to claim.

You may be entitled to claim legal damages when you have a recognised mental illness like stress, depression, anxiety, PTSD, bipolar disorder, nervous shock, etc. When you have a work-related mental health issue, you could have a successful workers’ compensation claim.

Please consult our experienced personal injury lawyers for legal advice regarding mental health claims on a 100% No Win, No Fee basis. It costs nothing, to be sure, and you owe us nothing until we win your case.  Call Now -1800 700 125

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100% No Win, No Fee Psychological Injury Compensation

Your finances are likely not in great shape when your mind struggles with a psychological injury, and you can’t work. At this time, you don’t need the stress and anxiety that sometimes come with making an injury compensation claim. You require professional legal representation to give you the headspace to focus on your recovery and ensure you get all your entitlements. But you can’t afford the cost of hiring an expert psychological injury lawyer or solicitor.

So, you will be pleased to learn about Splatt’s No Win, No Fee, No Risk policy. All our mental injury clients can access our 100% No Pay legal funding, which means you pay no upfront or ongoing legal fees.

We cover all your bills, including psychiatric reports, evaluations, and rehabilitation fees. You pay our legal costs when we win your case and nothing if you lose. There are no hidden or extra charges. It’s our No Win, No Fee, No Risk guarantee.

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An expert psychological injury lawyer will guide you through the claim process to a better tomorrow.

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Claiming Psychological Illness Compensation

A range of mental disorders is eligible for a psychological personal injury claim. How you became injured is essential; your lawyer can advise on your circumstances. Some common claimable mental health conditions include:

PTSD (Post Traumatic Stress Disorder)

PTSD is typically triggered by observing a traumatic event or series of incidents for an extended period.

 More about PTSD here > 

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When your job damages your mental health, you could get WorkCover benefits by making a workers’ compensation claim.

More about work mental illness >

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Compensable stress and anxiety disorders are generally workplace injuries from harassment, bullying, intimidation and working dangerously long hours. Our workers’ compensation lawyers help you make a work injury damages claim in this situation.

More about stress & anxiety claims >


Depression can originate from work situations but is often secondary to a physical injury. 

More about claims for depression >

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When your mental illness prevents you from working again in your regular occupation, you could claim a lump sum TPD insurance payout through your superannuation.

More about mental health TPD >

You can experience emotional distress when recovering from a personal injury, or it can originate from undesirable behaviour like workplace bullying. Know your legal right to claim.

More about emotional trauma claims >

What is Considered a Psychological Injury?

A psychological injury is a mental disorder or illness triggered by a traumatic event or stressful situation or associated with a physical injury. It is a recognised psychiatric ailment arising from an incident that is damaging enough to impact the injured person’s capacity to do their job or regular daily routine tasks.

These disorders can range from mild to severe anxiety and depression to post-traumatic stress disorder (PTSD), bipolar disorder, schizophrenia, and social anxiety disorder and can be associated with chronic pain, concussion or other mood disorders.

You can also suffer mental harm when someone close to you is injured in a catastrophic accident and learn about the incident or view the scene soon after it happens.

Expert Psychological Injury Compensation Legal Advice

When you have a psychological injury or are living with emotional distress, it is essential you seek expert legal advice. It is common to feel unsure if you have a legal right to pursue compensation for a psychological or mental disorder.

Our lawyers are here to help. With over 28 years of knowledge in damages claims for mental illness, they have the legal skill to put you on the right path. Call Now – 1800 700 125, or send an email >

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Compensation Payouts for Psychological Injuries

If a mental illness, psychological injury or emotional distress has impacted you, you may struggle to work and maintain your everyday lifestyle. Likely, your condition will profoundly affect your life and the lives of those around you. If this is your situation, you could make a personal injury claim and get a mental illness compensation payout.

Our psychological injury law firm has assisted thousands of Queenslanders in accessing their compensation entitlements for nearly three decades. Contact Splatt Lawyers for informed legal advice relating to mental health compensation. Our solicitors and lawyers have the skill and expertise to help you through a tough time in your life. Get immediate legal support by calling 1800 700 125.

Everyone has unique circumstances. What you claim and the value of your lump sum compensation varies according to your condition and how it was acquired. However, if you have a successful psychological injury claim, you will receive some or all of the following:

  • Weekly payments – QLD WorkCover pays you a weekly amount while you are not working.
  • Medical expenses – your medical costs (related to your illness) are covered.
  • Permanent Impairment Payout – you could get lump sum compensation for your work-related illness or injury.
  • Damages Claim – You could pursue a common law claim, a lump sum amount to compensate you for your loss.

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When your psychological disorder is due to another party or person’s full or partial negligence, you could make a successful common law claim for psychological injury. In this case, you are making a damages claim (suing for your loss) against the at-fault party’s insurance company. For example, when your employer causes you mental harm, you are suing their workers’ compensation insurer.

Psychological injuries can have the same level of severity and impact on individuals compared to physical injuries. You may be eligible for common law damages if someone has caused you psychological distress. The amount of your mental illness compensation will depend on.

  1. Your type of psychological injury
  2. The severity of your mental illness
  3. How long it will take to recover

Common law payouts can be significant and paid in a lump sum. Find out more by contacting our legal team now, or learn more about common law claims here. >

Compensation for Emotional Distress

You could claim compensation for emotional distress when you have psychological damage, which is often associated with recovery from a personal injury. This situation is when you feel mental distress, anxiety, or depression due to someone else’s duty of care failure. To establish a claim for emotional distress, the injured party must show that:

  • The other party with reckless disregard for your welfare; and
  • You suffered physical or mental damage as a result

If your mental illness stops you from working again, you might also make a Total and Permanent Disability (TPD) claim against the TPD insurance contained within your Superannuation policy. In this circumstance, how you got your psychiatric or psychological disorder is irrelevant. Regardless of how you were harmed, you can still make a mental injury disability claim. TPD Payouts can be considerable, with many people receiving around $ 500,000. 

Use our TPD Calculator to see what your payout could be worth.

Time Limits for Psychological Injury Claims

In Queensland, psychological injury claims are subject to strict time limits. If you believe you have a mental health condition because of an incident (or series of incidents), that was no fault; you should seek legal advice as soon as possible. Regardless of how you were harmed, including at work, on the road, in a public place, witnessing a traumatic event, or working too hard, it would help if you acted now to understand your legal options. Failing to take action may mean you cannot seek compensation.

Call Now for expert legal advice, or send an email >

Can I Make a Successful Psychological Injury Claim?

You could make a successful psychological injury claim, depending on your circumstances. To have a strong case, the event or incident that caused your psychological harm had to result from someone else or some other party failing to keep you safe. In other words, they failed their duty of care. Generally, everyone has a legal responsibility to prevent harm to others in various circumstances.

Fortunately, knowing if you have a valid mental illness claim at Splatt Lawyers is straightforward. Contact our experienced personal injury legal team for your free case review – Call 1800 700 125

Work-Related Mental Health Claims

In Queensland, everyone has the legal right to a healthy and safe workplace. If you have a workplace injury that has damaged your mental well-being (i.e. your work was a significant contributing factor), you could claim workers’ compensation.

The success of workers’ compensation claims for work-related mental injury relies on linking your mental damage with your occupation (either fully or partly) Your job-related injury could have influenced your behaviours, emotions, feelings and thinking and been expressed as post-traumatic stress, depression, suicidal thoughts, and anxiety. Actions and events that can lead to mental health problems include the following:

  • Workplace bullying
  • Workplace harassment
  • Discrimination or vilification
  • Unreasonable workplace management
  • Witnessing a single traumatic event

Learn more about workers’ compensation for mental health here >

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View our Guide to workers’ compensation payouts >

Is Stress a Psychiatric Injury?

In the workplace, mental stress and exhaustion from work pressure, or incidences of bullying and harassment, are not generally considered grounds for pursuing a claim for psychiatric injury. In the case of other accidents, temporary emotions like stress and anger will also not form the basis of a successful claim.

On the other hand, prolonged exposure to stressful situations may contribute to developing a severe psychiatric disorder and provide grounds for seeking damages for psychological injury.

A compensable psychiatric disorder must fall within the DSM-5 spectrum of Depressive Disorders, Anxiety Disorders or Trauma/Stressor Related Disorders.

See more about work stress disorders here >

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The DSM-5 is a classification of mental disorders with associated criteria designed to diagnose such conditions. It provides a standard reference for clinical practice in the mental health field in Australia and worldwide.

The DSM-5 includes disorders in which exposure to a traumatic or stressful event is the basis for diagnosis. Anxiety or fear-based symptoms are typically assessed, anhedonic (lack of joy) and dysphoric symptoms (difficulty speaking), externalizing anger or aggressive symptoms, and dissociative symptoms. Depending on the symptoms, the psychological trauma diagnosis may fall under the banner of post-traumatic stress disorder (PTSD) or adjustment disorder.

Experienced Psychological Injury Lawyers QLD

A claim for psychological or mental injury damages is based on a diagnosed disorder. A personal injury lawyer must establish liability to pursue a claim on your behalf.

Splatt Lawyers are experts in the legal process of claiming personal injuries, including psychiatric and mental health damages. The method of pursuing your legal rights can be challenging and sometimes stressful. We aim to make your case as hassle-free as we can.

Contact us now to discuss your legal options. It’s free to know if you can claim – Call 1800 700 125.

Mental Health Compensation Lawyers Near You

When you need expert legal advice for mental illness compensation, knowing that Splatt Lawyer’s is nearby is reassuring. Choose your location:

Mental Illness Compensation FAQs

If you are suffering from depression, anxiety, stress, post-traumatic stress disorder (PTSD), eating disorders, self-harm, or other mental disorder, you may be entitled to claim under the Queensland Workers Compensation Act. In some cases, you may also be eligible to claim if your workplace caused the escalation of a pre-existing psychological illness. If this is your situation, please ask an experienced workers’ compensation lawyer about your legal rights.


Time limits for making a claim vary depending on your claim type. You must seek legal help as soon as possible to see if you qualify. If not, please report your condition to your employer and submit a workers’ compensation claim. Our legal team can help you with your next steps. Initial legal advice is free.

The amount you may receive depends on the severity of your injury, whether your condition is temporary or permanent, and what type of legislation applies to your case. Your compensation benefits will vary depending on where you live and the type of psychological injury claim.

To have a successful damages claim, you must establish the liability of the party who caused your injury. A psychiatrist, psychologist or other medical health professional would assess your mental health disorder.

Your doctor would provide evidence of your illness and the impact of it on your life. Our lawyers will use your report as the basis for your compensation claim. If your claim is work-related you must prove your job caused your mental damage or escalated an existing illness.

Yes, you can make a work injury damages claim for a workplace psychological injury when your job significantly contributes to your mental disorder. You can be eligible to claim when you acquire a new condition, or your workplace worsens an existing illness. This includes ailments like PTSD, depression and anxiety, as well as work-induced stress, burnout and emotional trauma. Ask our workers’ compensation lawyers for free advice.

More about work mental illness compensation >

The time it takes to settle a common law mental illness claim relies on the case’s complexity and, often, the settlement size. Large payouts are more likely to face challenges from the insurer, who will typically try to delay payment as long as possible. The settlement also takes longer when multiple parties are liable for your injury or when they dispute liability.

Be assured, Splatt Lawyers has close to three decades of experience in successful payouts for psychological injuries. Our skilled mental health claim lawyers will find the most effective path to your desired result.

More about common law claims >

Each state of Australia has legislation that specifies limits for psychological injury compensation, which will impact how much your payout is worth. However, average damages for emotional distress are approximately $350,000 or more.

More about emotional distress claims >

Our Team are Ready to Help. Request Your Free Claim Assessment Now!

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