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Psychological injury at work

Workers' compensation

You may be eligible for workers’ compensation if you’ve suffered a psychological injury because of your work. Contact our lawyers for help on a No Win, No Fee* basis.  

*Conditions apply

What is a psychological injury at work?

A mental or psychological injury at work is when your mental health or emotional wellbeing are impacted by circumstances at work. A psychological injury may include a diagnosed psychological or psychiatric condition such as: 

  • Depression 

  • Anxiety 

  • Post traumatic stress disorder (PTSD) 

You may be able to claim workers’ compensation for a psychological injury if:  

  • You are eligible as a ‘worker’ under the workers’ compensation scheme in your state or territory, and 

  • Your work is a significant or substantial contributing factor to your injury 

It’s important to note that in most states and territories:  

  • The contribution of work to your psychological injury differs slightly, but work must be a significant, substantial or the major contributing factor 

  • A mental or psychological injury may not include a psychiatric or psychological disorder arising from any reasonable management action taken in a reasonable way in relation to your work 

Check if you have a claim with our simple, free online tool.

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What we will ask: 

  • Details about the accident and injuries that have happened to you or your loved one 

  • Basic personal information that is relevant and necessary for your claim

What happens next:  

  • Either book a no obligation appointment with a compensation law expert right away or,    

  • Speak with our team about your options

Compensation payouts for psychological injury 

Between 2012 and 2022, Australian workers’ compensation claims for serious mental health conditions increased by 43.3%. Workplace psychological injury claims lead to significantly more time off work compared to physical injuries. In 2020-2021 for example, the median time lost for mental or psychological injury claims was 34.2 working weeks, compared to an average of 8 working weeks across all claims.  

If you’re suffering from a psychological injury or illness because of your work, you may be able to claim workers’ compensation. Shine Lawyers are experts when it comes to psychological injury workers’ compensation claims and can help you establish your rights under Australian law. Australia has 11 different workers’ compensation schemes. ‘Compensation payout’ is a term that’s widely used when talking about workers’ compensation, but a ‘payout’ may include: 

  • A single lump sum compensation payment 

  • Periodic or regular benefits

Do you have a psychological injury workers’ compensation claim?   

You may be able to make a successful psychological injury workers’ compensation claim if your psychological injury lawyers can prove that: you have suffered a psychological or psychiatric disorder because of your work.  

Depending on your circumstances this can be extremely challenging to prove. Careful analysis of  the facts of your case are required before you can progress with a claim for a compensation payout for psychological injury. 

Our workers’ compensation psychological injury lawyers at Shine can give you a good indication of your ability to make a claim once they know your situation.  

How do you know if you have a psychological injury? 

A good indicator of whether you have an eligible psychological injury caused by your work to make a workers’ compensation claim, is that you’re receiving treatment from an appropriately qualified medical or allied health professional.  

If you’re not receiving treatment (for example, under the care of a psychologist or psychiatrist) it can be difficult to establish your ability to claim. It’s also important that the specific circumstances at work that are causing or significantly contributing to your psychological injury can be identified. 

What can you claim for workers’ compensation psychological injury?   

If you’re suffering from a mental, psychiatric or psychological injury caused by work, then you could be entitled to compensation benefits. 

What you can claim compensation for depends on your specific situation, but may include: 

  • Medical costs, such as for your doctor, psychologist, psychiatrist or counsellor 

  • Loss of wages  

  • Pain and suffering  

  • Rehabilitation expenses  

  • Return to work services including retraining for alternative work duties  

  • A lump sum if you’re permanently impaired and cannot return to work 

In most cases a monetary value is placed on the gap between your predicted life path before your psychological injury and your actual and likely future life path after the injury. 

What are the time limits for making a psychological injury workers’ compensation claim?   

The workers’ compensation laws in each Australian state and territory have strict time limits for lodging a psychological injury claim. It’s important you seek expert help from a psychological injury lawyer as soon as possible after your injury, so you can seek compensation payouts for psychological injury in time. 

Superannuation and Disability Insurance 

If you can’t work due to illness or injury you might be entitled to benefits through your superannuation or other insurance policies. We recommend speaking to one of our experts for an obligation-free analysis of your circumstances, to determine whether you can make a claim.  

Learn more about Superannuation and Disability Insurance Claims 

How Shine can help with your workers' compensation claim

We have helped thousands of Australians right wrong and access more than $1 billion in entitlements and compensation through our expert services.  

95% of the cases we represent are settled without the stress of going to court. 

We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation free initial consultation so you can understand your rights and know where you stand.  

*Conditions apply  

We are ready to take action to get you access to compensation, protect your future and right wrong.  Find out more today:

Psychological injury at work FAQs

Can I represent myself, or do I need a psychological injury lawyer? 

It’s possible to legally represent yourself when making a psychological injury workers’ compensation claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.  

Without an experienced workers’ compensation psychological injury lawyer in your corner, it can be difficult to identify and highlight the strengths of your case.  

You then may not receive the compensation you're entitled to. A lawyer could also help you maximise your lump sum entitlements. 

Why trust Shine to be my psychological injury lawyers? 

At Shine Lawyers, we put you first. We’ve been standing up for the rights of everyday Australians for over 45 years. As one of Australia’s largest litigation law firms, we are here to help you get the justice you deserve.  

Our empathy, understanding and expertise is why we’re ahead of the pack. We’ll stand with you and guide you through the psychological injury workers’ compensation claim process every step of the way. 

Where are Shine psychological injury workers’ compensation lawyers located? 

With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support. 

If you’d like to speak to our workers’ compensation team in person, you can see our full list of locations here. 

If you can't find a location near you, we can easily arrange an obligation-free virtual appointment. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment. 

How is compensation calculated for psychological injury workers’ compensation claims?

Depending on the nature of your mental or psychological injury, in most instances a monetary value is placed on the gap between your predicted life path before your psychological injury and your actual life path since the injury.  

For compensation to be awarded in psychological injury claims, your legal team must usually demonstrate that you’re suffering from a clinical medical condition, which is classified as an ‘injury’ for the purposes of workers’ compensation law.  

Do you have a claim?  

We’re here to make the claims process as simple and stress-free as possible.

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