Workers’ compensation stress claims

Work can impact your mental health, leading to a serious psychological injury such as depression, PTSD (post-traumatic stress disorder), adjustment disorder, or anxiety. Workplace stress is a common part of work life for many people.  If your work stress causes psychological injury, you may be able to make a workers’ compensation stress claim. 

What is a workers compensation stress claim? 

According to Safe Work Australia, claims for serious mental health conditions have increased 43.3% between 2012 and 2022. Workplace mental health conditions lead to significantly more time off work and higher compensation payments compared to physical injuries and illness.  

In 2020-2021 for example, the median: 

• Time lost from mental health condition claims were 34.2 working weeks (compared to an average of 8 weeks lost across all claims) 

• Compensation paid for mental health condition claims ($58,615) were around four times the median compensation paid across all claims ($15,743) 

If workplace stress is severe it can result in a psychological injury, and you could be eligible to make a workers’ compensation stress claim. If you’ve been wondering, can I sue my employer for stress and anxiety in Australia, your psychological injury must have: 

• Been caused or aggravated by your work (and not by your personal circumstances such as financial, relationship or health concerns) 

• An easily identifiable source 

• Have a profound impact on your life 

What are some common types of workers’ compensation stress claims? 

Workers’ compensation stress or anxiety claims can vary depending on the situation, however the most common include:  

• Work pressures such as job demands, low job control, poor support and lack of role clarity 

• Workplace bullying or harassment (including sexual harassment) 

• Workplace conflict such as with a colleague or your manager 

• Occupational violence or trauma such as experienced by a first responder  

How to make a workers’ compensation stress claim

Generally speaking, there are some vital factors to making a workers compensation stress claim: 

• the source of the work stress is easily identifiable; and 

• the stress has had a profound impact on your life. 

In cases where the conduct that caused the stress is more subtle, it can be difficult to establish a psychological injuries claim. It really depends on the facts of your situation and the laws governing the Australian state where the stress injury occurred. 

Shine Lawyers are work injury experts and can help you to understand your entitlements and rights to making a workers compensation stress claim. 

How to make a workers’ compensation claim 

Subject to the workers’ compensation laws in your state, to make a workers’ compensation stress claim, you’ll need to show: 

• You are a worker 

• You have a psychological injury 

• Your work is the cause of, significant contributing factor to or reason for aggravation of your injury 

• Evidence to support that your injuries arose beyond what would be considered reasonable management action in connection with your employment, taken in a reasonable way by your employer 

Examples of what evidence might be helpful include: 

• Your employer’s (or a manager’s) micromanagement of your work 

• High workloads 

• Short turnaround time frames to complete work 

• Long work hours, beyond the scope of your employment terms 

A good indicator of whether you have a psychological injury and are eligible to seek stress at work compensation, is that you’re receiving treatment. If you’re not receiving treatment, or if the conduct causing your stress is hard to identify.

It can be difficult to establish your eligibility to claim. It depends on your circumstances and the workers’ compensation laws in your state.   

Shine Lawyers are work injury experts and can help you to understand your circumstances, entitlements and rights to making a workers' compensation stress claim.  

How to claim stress related workers’ compensation  

Seeking medical assessment and help for your workplace stress is important. See a medical or mental health professional as soon as possible and ask them for a written assessment. Without this, it can be difficult to get the treatment and help you need, and may impact your claim for workers’ compensation.  

How much stress related workers' compensation are you entitled to? 

The amount of workers’ compensation you can claim depends on the circumstances of your workplace stress. Consulting a workers’ compensation lawyer is important because:  

• They can listen to understand your situation and advise on your possible rights and entitlements to compensation  

• Your lawyer will be aware of the strict time limits applicable in your state or territory for making a workers’ compensation stress claim 

 It’s also important that you seek legal advice before accepting any lump-sum payment from your employer’s workers’ compensation insurer.  

Superannuation and disability Insurance 

If you’re unable to work due to injury or illness you might be entitled to claim benefits through your superannuation or other insurance policies.  Shine Lawyers’ workers’ compensation lawyers can make an obligation-free analysis of your situation to determine your rights and ability to make a claim.  

Learn more about Superannuation and Disability Insurance Claims