Serious accidents happen more often than you might think, and sometimes result in a PTSD claim. In Queensland, people acquire PTSD injuries in:
Whilst it is expected to feel anger, guilt or depression because of your accident, having post-traumatic stress disorder is something else, as it can severely impact your life.
In Australia, you can make a PTSD compensation claim when you acquire this psychological injury due to the complete or partial negligence of another. Successful claims for PTSD provide a lump sum payout, helping you pay medical expenses, rehabilitation costs and other bills.
Splatt’s personal injury lawyers can explain your rights and entitlements during a free case review. Furthermore, all our legal services are 100% No Win, No Fee. Pay for a win and zero if you lose. Call 1800 700 125
Post-traumatic stress disorder (PTSD) describes a mental health disorder following exposure to a traumatic event. In addition to accidents or witnessing accidents, experiencing physical or sexual assault can also be a potential trigger for PTSD, alongside other traumatic events. If someone experiences a situation where they feel threatened or endangered, it could trigger symptoms such as flashbacks, nightmares, insomnia, panic attacks, and feelings of guilt, rage, or fear.
A PTSD diagnosis can seriously impair your enjoyment of life. People suffering from PTSD often feel like they cannot cope with anything, including simple tasks.
While you might be able to “push yourself” through mild depression alone, if you are diagnosed with PTSD, you will likely need professional help.
QLD PTSD lawyers can provide claim advice regarding the legal process and your rights.
When a negligent act has caused a severe mental illness like PTSD to affect you, you may have the rights to sue for damages. When approved, the purpose of a PTSD compensation payout is to restore your life to the financial position you had before incident not occurred.
For this reason, no two cases are the same. Your unique circumstances will determine the value of a PTSD compensation amount, including:
Our Queensland personal injury lawyers can explain if you have a legitimate PTSD claim and the process to achieve a settlement. It’s free to know where you stand. Call 1800 700 125
Post-Traumatic Stress Disorder is debilitating and impacts many aspects of your life, including your finances. In this situation, you may not have the financial resources to seek legal advice from a personal injury lawyer.
A Splatt No Win No Fee Lawyer charges no legal fees or costs until you win your case. Our No-Pay funding policy includes the cost of your psychiatric evaluations required for a successful claim. If you lose, you owe us nothing. Our compensation team can explain our legal fees and expenses during a free case review.
Splatt Lawyers can advise on your right to seek a PTSD compensation payout. You may be eligible for a personal injury claim, depending on your circumstances, including:
Suffering from a psychiatric disorder can significantly disrupt your life, often impacting your ability to work and earn an income. When you acquire a mental illness due to the negligent actions of another person or party, you may be eligible to make a legal damages claim.
Splatt Lawyers provides legal advice to Queenslanders with PTSD injuries. Our mental illness compensation lawyers can explain your rights—Call 1800 700 125
Our mental health compensation lawyers provide an obligation-free case review that can explain the types of PTSD compensation payouts that apply to your circumstances. Call 1800 700 125
Compensation payouts for PTSD are calculated based on your psychological injury’s impact on your life, particularly your work capacity. Hence, there is no set sum of money, but a successful PTSD payout helps pay your medical expenses, rehab, and other bills.
The Queensland workers’ compensation scheme statistics for 2021-22 show the average settlement for work-related psychological damage was approximately $60,000. However, how much you receive is based on the level of mental harm.
According to the Worksafe QLD dominant injury number to damages table, (effective 1st July 2024) this is the payment range for common law general damages payouts for PTSD.
Dominant Injury | Minimum | Maximum |
|---|---|---|
Extreme Mental Disorder | $124,835 | $240,735 |
Serious Mental Disorder | $21,825 | $120,260 |
Moderate Mental Disorder | $3,505 | $19,355 |
Minor Mental Disorder | 0 | $ 1755 |
When a workers compensation claim ends, the work-related injury should be stable and stationary (you are not likely to have further improvement). At this time, you will be offered an independent medical examination to determine your DPI (degree of permanent impairment). You can the receive a WPI benefit payment based on your DPI score (percent of impairment).
Note: There is no minimum WPI for a primary psychological injury to be eligible for a permanent impairment payout.
As a general guide, you receive $3,800 f0r each 1% of impairments with a maximum of approximately $361,000.
According to Safe Work Australia, 6% of workers’ compensation claims are for a psychological disorder, including PTSD. Generally, Queensland employers are legally responsible for providing a safe and healthy workplace, but workers still suffer psychological damage every year due to workplace incidents. You can develop psychological injuries in a range of circumstances, including:
Some occupations have a higher incidence of PTSD injury claims due to the nature of their professions, such as medical workers, paramedics, emergency service workers and social workers. People working in these roles often have a higher rate of work-related PTSD compensation claims.
Note – Being stressed or anxious at work does not qualify as PTSD, but you could still have a legitimate workers’ comp claim.
The Workers’ Compensation and Rehabilitation Act 2003 (Qld) was changed on May 12, 2021, to simplify the psychological injury claims process for emergency workers and first responders. This makes it easier for them to make a PTSD workers’ compensation claim for occupationally acquired injuries. First responders are employees and officers of these services:
To qualify under this section of the Act as part of your job, you must have:
If you work in one of these professions, you will be at increased risk of acquiring PTSD injury.
Splatt Lawyers can explain your compensation eligibility for free. Call 1800 575 023.
It is common to have a psychological reaction when involved in a motor vehicle accident as either a driver, passenger, pedestrian or witness. You may experience panic attacks or traumatic memories (flashbacks) following your road incident.
When mental illness symptoms continue past 30 days and significantly change your life, you may have PTSD. A psychiatrist needs to assess and confirm your condition for a successful claim.
NOTE: You might suffer a nervous shock reaction if you are not diagnosed with Post Traumatic Stress Disorder.
Some psychiatric conditions (like PTSD are so severe they can prevent you from returning to work in your usual occupation.
For example, you work for the Queensland Ambulance Service and acquire a PTSD injury that stops you from working again as a first responder. In this circurstance, you could make a mental health Total and Permanent Disability insurance claim.
Most Queenslanders have TPD insurance through their superannuation. When you cannot work anymore because psychological injuries, you can access your disability benefits and receive a lump sum payout.
You could make a whole person impairment claim when you have a PTSD diagnosis for work-related injuries. Section 11.11 Queensland Guidelines for Evaluation of Permanent Impairment lists the six scales used to determine your mental illness, including:
Your work-related psychological trauma will be measured against the whole person impairment (WPI) scale, with higher scores delivering a larger lump sum payment. For a permanent impairment payout, you must reach 15% or higher for a primary psychological injury. However, police officers, emergency workers and other first responders could receive a settlement for a WPI of 11%.
Common law claims have a 3-year time limit; however, earlier action can impact your legal outcome because what you do soon after the PTSD-triggering event will impact your case.
Australia generally has no time limit constraint for claiming TPD lump sum payouts. However, your total and permanent disability insurance policy will specify the conditions that apply to your circumstances.
Some employer-funded superannuation funds specify you must lodge your case before stopping work, and all claimants must seek a payout before retirement age.
When your PTSD is due to someone else’s complete or partial negligence and has caused you to experience a loss, you could seek PTSD personal injury compensation.
Under Queensland personal injury law, compensation for PTSD is treated as a psychological injury. This type of injury claim has a higher rate of disputes because psychiatric illness is not visible. This is when an experienced personal injury solicitor can help. The value of your compensation will depend on a few factors determined by the circumstances of your traumatic incident. For example:
Splatt Lawyers will help you understand if you have a case and the types of claims you might make. There is no charge for this service. Call us now at 1800 700 125.
Accidents causing mental illness like Post Traumatic Stress Disorder (PTSD) occur in a wide range of circumstances, including:
Typically, the onset of PTSD symptoms happens in the first month following the triggering event and can include recurring negative thoughts, social isolation, and heightened arousal.
Five categories of PTSD symptoms can range in severity.
Call Splatt Lawyers for legal advice if you have received a PTSD diagnosis as a result of an accident due to a breach of duty of care. This psychological condition is a severe mental injury, and you will need experienced support to show that you have a legitimate disorder linked to your traumatic incident. A psychological injury is invisible, so proving its existence can be challenging.
Our Queensland personal injury law firm offers legal support to residents, including common barriers to a successful mental illness compensation claim. Knowing your legal rights is free. Call 1800 700 125
Splatt Lawyers provides legal advice for PTSD compensation claims from ten QLD-wide locations.
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A mental health specialist would complete a psychiatric assessment to determine the nature of your mental illness. Once you have signed a legal agreement with Splatt Lawyers, we will fund your medical reports until we win your case.
If you are not assessed as having post traumatic stress disorder, there can be other types of claims for mental illness depending on where and how you were mentally harmed.
Experienced personal injury lawyers know how this works.
Any workplace accident that makes someone fear for their life can cause work-related PTSD. Every occupation could place someone at risk, but some jobs are more dangerous and likely to cause mental harm, like:
People often confuse PTSD and CPSD, but they are different. While they might seem similar (CPTSD) comes with some extra symptoms. PTSD is generally triggered by a single event or a series of events that happen within a short period of time, while CPTSD is a psychiatric disorder that happens when someone is exposed to a long period of repeated trauma.
General PTSD includes things like nightmares, flashbacks and heightened anxiety, while CPTSD includes emotional regulation problems like dissociation and interpersonal issues.
The duration of PTSD varies depending on a few factors. Thankfully, some people recover from this debilitating condition within a few months, while for others, it can last for many years.
In Australia, chronic and long-lasting PTSD is considered a disability for compensation eligibility. Moreover, this mental health condition is covered by the NDIS when it is deemed a psychosocial disability that is likely to be lifelong.
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