Workers’ compensation stress claims
Stress, in varying levels, is a common part of work life for most people. However, if your work stress reaches a severe level where it causes a psychological injury, you may be able to make a claim for workers’ compensation.
Check if you have a claim with our simple, free online tool.
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
What is a workers compensation stress claim?
Stress is a part of life that we all experience – whether in our personal lives or at work. Certain occupations or working conditions are more conducive to higher stress levels, however when that stress reaches an extreme state 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 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.
How to make a workers’ compensation claim
To make a claim for stress under workers compensation legislation, we will need to prove that you are suffering from a clinical medical condition that 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.
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.
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.
How Shine can help
We have helped thousands of Australians right wrong and access more than $1 billion per year 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.
We are ready to take action to get you access to compensation, protect your future and right wrong. Find out more today:
Workers’ compensation stress claim FAQs
Can I represent myself, or do I need a workers’ compensation lawyer?
It is possible to legally represent yourself when making a 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 lawyer in your corner, it can be difficult to identify and highlight the strengths of your case.
Without the right legal advice and support, you then may not receive the compensation you're entitled to. A lawyer can help you maximise your lump sum entitlements.
Why trust Shine to be my workers’ compensation lawyers?
At Shine Lawyers, we put your 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 every step of the way.
Where are Shine 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 aren't able to 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 does compensation get calculated for stress claims?
Depending on the nature of your stress claim, in most instances a monetary value is placed on the gap between your predicted life path before the injury and your actual life path since the injury. In order for compensation to be awarded in stress claims, your legal team usually have to demonstrate you are suffering from a clinical medical condition, which is classified as an ‘injury’.