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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.

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.

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.

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.

Learn more about Superannuation and Disability Insurance Claims

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Claim assessment process where we will explain all of the options available to you

Common Questions

How long your workers compensation stress claim will take depends on many factors. It depends how complicated your injuries are, how difficult it is to prove your stress is a medical condition and the relevant laws in each state. Once your lawyer knows the ins and outs of your case they should be able to give you a good idea as to the timeframes and process for your claim.

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’.

Shine Lawyers operate on a No Win No Fee basis for all workers’ compensation claims across Queensland, Victoria and Western Australia, which means you will only pay our legal fees once we win your case.

The legal costs will depend on the amount of work required to resolve your claim and this is different depending on your circumstances and the complexity of your case.

Due to the different workers’ compensation legislation in New South Wales, there are no legal costs for injured workers to make a claim.

Unfortunately, stress claims are more likely than other types of claims to be disputed by your workers’ compensation insurer. This is typically due to the nature of these claims involving very different perceptions of the same circumstances by the employee and employer.

It can be difficult for a court or tribunal to decide which perception is correct which makes it challenging to predict the likely outcome of court proceedings.

If your claim is rejected or disputed by the insurer, there may be other avenues to compensation depending on the facts of your case. It might be possible to have your case referred to a medical panel. It’s important you seek expert legal help for your stress claim to ensure your rights are not compromised because of a dispute with your workers’ compensation insurer.

Shine Lawyers have offices in the following locations. As part of our service offering, home or hospital appointments can be arranged at your convenience.

Our compensation experts are in the following locations:

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