Can I Sue for Bullying? – Legal Compensation Guide

About Bullying Claims

If you have suffered bullying, you will be well aware of its terrible impact on your physical and mental health and how it destroys your emotional stability and life. Some Australians experience this destructive behaviour daily, in the workplace, at school, at university, using social media, and in other forms of cyberbullying.

Can You Sue Someone for Bullying?

In Australia, people impacted by bullying behaviour sometimes question, can I sue for bullying? You can commence legal action when someone’s negligent behaviour causes psychological injury and a related financial loss.

To help you understand your right to seek damages and make a successful claim, our legal guide explores the topic of suing for bullying, including:

• Defining bullying and its impact
• Common types of bullying behaviour
• The kinds of bullying compensation claims
• The recoverable damages from a bullying lawsuit
• Your legal options when claiming bullying compensation

Legal Services for Bullying Lawsuits

Splatt Lawyers provides legal services for bullying lawsuits on a 100% no-win, no-fee basis. Pay for a win and zero if you lose.

Our personal injury lawyers offer a free case review that can explain if you have a valid claim and payout calculations. It’s free to know where you stand. Call 1800 700 125

Defining Bullying and Its Impact

In Australia, legislation defines bullying as any intentional and repeated actions or words a person uses to cause emotional, physical, or psychological injury to someone else. This type of destructive behaviour often involves:

• Verbal abuse,
• Physical assault
• Social exclusion and humiliation
• Online gossiping
• Spreading rumours

Sadly, bullying happens in many situations – but it occurs more often at school, in the workplace, and online, severely upending the targeted person’s life.

If you experience emotional bullying, you will likely feel anxiety, depression, low self-esteem, and even self-harming thoughts. Additionally, bullying victims often face other challenges like maintaining social relationships, their academic performance, and overall reduced quality of life.

Unfortunately, the effects of this unreasonable behaviour can last for years after the bullying situation, causing long-term damage.

More about mental health claims

What are the Common Types of Bullying Behaviours?

Being bullied means you have likely experienced these common bullying behaviours.

Can I Sue for Bullying at Work?

In Australia, you can generally sue for work-related bullying when you are diagnosed with a recognised mental illness or psychological injury that prevents you from working. This legal action gives injured people the right to claim damages for a failure of their employer’s duty of care.

If workplace bullying and harassment occur at your job, you should first talk to your manager, the human resources department, a health and safety representative, or a union representative. To know your right to claim a workplace bullying compensation payout, seek legal advice from compensation lawyers.

When diagnosed with a mental illness caused by undesirable workplace behaviours, Splatt Lawyers can explain your rights and entitlements during a free case review. Call 1800 700 125

Workers’ Compensation Claims

You can be eligible to make a workers’ compensation claim for any physical or psychological harm (like workplace harassment) that causes you to experience a loss. Depending on your circumstances, you could:

• Lodge a workers’ compensation claim to receive weekly benefits and financial support for your recovery.
• Claim a lump-sum impairment payout for long-term or permanent damage.
• Make a common law claim (sue your boss) when they breach their duty to provide a safe and healthy workplace.

Making a successful workers’ compensation claim can be challenging as insurance companies seek to minimise their liability, particularly for workplace bullying claims.

Additionally, psychological injury settlements are often more complex than those for physical harm, as the damage is invisible.

A Splatt personal injury lawyer can explain your rights, the claim process, and options on a 100% no-win, no-fee basis. It’s free to be certain. Call 1800 700 125

More about workplace bullying and harassment

Can I Sue for School Bullying?

In most cases, you can sue for bullying at school. Unfortunately, it’s common for Australian children to be bullied in public and private schools, causing long-lasting harm that affects them now and for decades.

When considering whether your child was bullied, there are three primary considerations:

1. There was an imbalance of power between the bullied person and aggressor, like a difference in size or age, or the bully was a member of a group that engaged in harassment of the victim.
2. Bullying is not a one-off event for legal purposes, so you must show that the undesired behaviour was deliberate and repeated for some time.
3. The behaviour caused an injury. Fortunately, the fact that institutional bullying can mentally harm children is well known.

What You Must Prove for a Successful School Bullying Claim

To have a successful school bullying claim, you must prove that:

• Your child experienced bullying at school.
• The school was negligent in failing to end the bullying. This duty failure indicates they should have taken reasonable steps to prevent bullying, such as addressing complaints and implementing appropriate prevention policies.
• There would not have been bullying if the school had taken action.
• Your child was harmed and suffered a loss because of their injuries
• The school’s negligence triggered your child’s injury and loss.

In most cases, you file a lawsuit against the public liability insurer of the negligent school, which will try to deny your claim.

Can I Sue for Cyberbullying?

Generally, you can sue for cyberbullying in Australia. Your right to claim damages is covered by the Personal Injury Proceedings Act and protected by Civil Liability legislation. A compensation lawyer could help identify the liable party, depending on the source of the online abuse, e.g., a workplace, school, university, or other institution.

Cyberbullying differs from other types of bullying because it happens online, via mobile phones, text, chat, or social media platforms, making it hard for the targeted person to escape the constant harassment.

Sadly, cyberbullying is a severe behavioural problem affecting young people across Australia. In fact, the eSafety Commissioner reports that 44% of young Australians have had a distressing online experience in the last six months, with 15% receiving physical or emotional abuse or threats.

Additionally, you can commence a defamation lawsuit when you can prove you have suffered serious harm due to defamatory content online.

How Much Compensation for a Bullying Claim?

The value of a bullying compensation claim depends less on how bad the instigator’s actions were and more on how much they negatively impacted the bullied person’s life. Generally, the factors that determine the value of a lump sum compensation payout include the following:

• The type of conduct, the degree of physical and psychological damage, whether permanent or long-term and the chance of recovery.
• How much has it impacted their ability to earn an income now and in the future?
• The type of medical treatment they will need now and in the future.
• How much does it impact their quality of life?

When calculating common law damages, personal injury lawyers and insurance companies use ‘heads of damage’ to decide the awarded settlement; these include:

• Past and future lost income and superannuation
• Past and future medical expenses
• Pain and suffering, also known as general damages or lost enjoyment of life
• Cost of home care
• Cost of medical aids and equipment

How Much is a Workplace Bullying Compensation Payout Worth?

The value of workplace bullying compensation payouts in Australia depends on the claim type, the severity of the injury, and the related impact on your life, particularly your work capacity.

If you are a victim of workplace bullying that triggers a recognised psychiatric injury, you could receive

1. Weekly WorkCover benefits, which typically start at 85% of your net weekly earnings
2. A psychological permanent impairment payout, using the WPI scale.
3. A common law settlement (suing for damages)

Strict Time Limits When Suing for Bullying

There are strict time limits when suing for bullying, and missing your deadline typically results in you being excluded from receiving a lump-sum compensation payout. There are differing time frames depending on the type of legal action, for example:

• Common law claims: You can commence legal action for bullying compensation up to three years from the date of the injury.
• WorkCover claims: You must lodge within six months.
• Fair Work has multiple deadlines depending on the case type, ranging from 21 days to one year.

Please note – the above information is general and does not constitute legal advice. Please consult a lawyer or solicitor to understand the time limits for your case. At Splatt Lawyers can explain the time limits for your situation during a free case review.

Legal Protections Against Bullying

In Australia, the Fair Work Act 2009 protects your right to fair conduct at work and a safe workplace. Hence, employers must take reasonable steps to stop bullying, harassment, and discrimination in the workplace. When your employer fails to fulfil their legal duty, you can take legal action for your suffering and seek compensation.

Furthermore, each Australian state has work and safety legislation that defines standards for safe and healthy workplaces. For example, the applicable Queensland legislation is the Work Health and Safety Act 2011.

Anti-Bullying Laws

All Australian states have anti-bullying legislation seeking to protect residents at school, at work, and elsewhere. These laws define bullying, set out mechanisms for reporting breaches, and assign responsibilities to all parties to prevent this damaging behaviour.

Anti-bullying laws often guide investigations, disciplinary action, and support services for impacted people.

Steps to Successfully Sue for Bullying

If you have carefully considered your circumstances and decided to pursue legal action against your bullies, here are the steps to success:

1. Consult with a lawyer: Seek legal advice from a solicitor who specialises in compensation for bullying. They will explain the claims process and barriers to a successful bullying payout.
2. Document Your Evidence: It’s vital to have strong medical evidence, so keep medical records, photographs, emails, text messages, and witness statements.
3. File an Injury Claim: File an accurate damages claim stating the allegations against the bully or liable party. This document will start legal proceedings.
4. Negotiation or Mediation: Negotiations for a mediated resolution begin once liability is accepted.
5. Court Litigation: If negotiations fail, the case may proceed to court litigation.
6. Settlement Payout: Once approved, you will receive a settlement payout as full and final compensation.

What Evidence Do You Need to Sue for Bullying?

To have a successful claim for bullying, you will need compelling evidence that shows a pattern of repeated and undesirable behaviour (not one incident). This evidence includes the following:

1. A bullying diary that records dates and times, the location and description of what occurred
2. Witness statements are valuable evidence for a bullying claim
3. Medical records that show how the bullying impacted your health
4. Written records such as emails, social media posts, text messages, etc
5. Evidence of exclusion: e.g. meetings where you were not invited (but should have been)
6. Copies of workplace performance reviews that show unreasonable management action
7. Audio and video recordings (that are legally obtained)
8. Proof of financial loss, such as lost wages and super, out-of-pocket expenses
9. Proof of emotional suffering, such as psychiatric reports, medications, etc

Bullying Compensation Advice from a Personal Injury Lawyer

If you or someone you know has experienced bullying, personal injury lawyers can advise whether you can sue for bullying. If this is your situation, a compensation lawyer will explain the relevant bullying laws, your right to compensation, and your options.

All Splatt Lawyers’ bullying claims legal services are 100% no-win, no-fee. Moreover, our no-financial-risk guarantee means you pay when you win and nothing if you lose. It’s free to know where you stand. Call 1800 700 125.

Bullying Claim Lawyers Near You

Choose your location.