Stress, in varying levels, is a common part of work life for most workers, however when that stress reaches a severe level where it causes a psychological injury, you may be able to make a claim for workers compensation.
What is a workers’ compensation stress claim?
Stress is a part of everyday life that we all experience – whether in our personal lives or at work. Certain conditions or occupations are more conducive to higher stress environments, however when that stress reaches an extreme level resulting in a psychological injury, then you may be able to make a workers compensation claim for stress.
The psychological injury needs to have been caused or aggravated by your work for you to be eligible to make a workers’ compensation stress claim, rather than if your stress condition was caused by personal problems such as financial, relationship or health struggles.
Common types of stress claims
- Severe stress caused during the course of your employment, for example a first responder developing post-traumatic stress disorder (PTSD) after a traumatic case;
- Workplace conflict with your manager or another colleague;
- Being sexually harassed, bullied or assaulted at work
Making 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.
In order to make a claim for stress under workers’ compensation legislation, we will need to prove that you are suffering from a clinical medical condition which is classified as an ‘injury’.
A good indicator of whether you’re suffering from a medical condition and able to bring a stress claim, is whether you are receiving treatment for your condition. If you haven’t sought medical treatment for your stress condition, it can be hard to establish and prove your case under the law.
Seeking medical help and advice is very important. If you don’t do this as soon as possible, it can be much more difficult to get the proper treatment and help and may impact your claim for compensation.
Watch the video below for a general guide to bringing a workers compensation stress claim.
How much stress claim compensation am I entitled to?
The amount of compensation you can claim depends on the facts of your situation. Once you have consulted a legal expert and they have considered your situation, you should be able to get a good idea of your rights and entitlements and the compensation you might expect to receive.
There are strict time limits to making a claim for workers’ compensation, so it’s important you seek expert legal advice as soon as possible after your stress injury has occurred, to make sure your opportunity to make a claim is not lost. It’s also important that you seek legal advice before accepting any lump sum payment from an insurer.
Shine Lawyers can help
If you have suffered a psychological injury as a result of work stress, you may be entitled to compensation. Contact Shine Lawyers today for an obligation-free discussion about your potential claim. Our team of workers’ compensation experts can help you to understand your rights and access the compensation you’re entitled to.
For more information about workers compensation stress claims, see our Common Questions section below.
Superannuation and Disability Insurance
If you are unable to 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 a quick, obligation-free analysis of your situation to determine your rights and ability to make a claim..