More people are becoming aware of their rights when it comes to being injured at work – but it is important to know that this isn’t just limited to physical injuries. Psychological injuries at work and stress claims are becoming increasingly more common for multiple reasons.
Let us talk you through how to determine a psychological injury at work and what to do if this happens to you or someone you know.
WorkCover WA recently published statistics showing that the number of claims per million hours worked, for stress-related claims has increased by 16% over the last 4 years. With this in mind, it’s important to be able to quickly recognise if you have suffered a psychological injury.
How do I know if I have a psychological injury claim?
If you find yourself in a situation where your mental health is severely impacted by issues in the workplace such as:
Bullying and harassment;
Being overworked and unsupported;
Sexual harassment;
Witnessing a traumatic event at work; or
An unsafe work environment.
You may be entitled to compensation if you meet certain criteria.
To have a successful workers’ compensation claim for a psychological injury, you need to prove that you are suffering from a recognised condition caused by your work such as:
Anxiety
Depression
PTSD (Post Traumatic Stress Disorder); or
Other mental illnesses.
If a diagnosis was provided by your GP, psychologist or psychiatrist, you may be able to make a claim. This depends on if your employment was the main contributing factor to your condition, and this can be proven.
If you require time off work due to this psychological injury, you should obtain workers’ compensation certificates from your GP on a regular basis.
It’s important to note that there are certain limitations to the scope of the Act covering stress claims where they arise out of disciplinary or industrial issues.
When should I contact a work injury lawyer for advice?
You should contact us for further advice regarding your rights if:
You have lodged a workers’ compensation claim for stress; and
You have now received a decision from the insurers accepting, declining or pending your claim.
Bradley Bayly Legal are experts in psychological injury claims
Every case is different, so we recommend getting in touch with our experienced lawyers on (08) 9510 9860 for a free consultation or get in touch online to obtain legal advice specific to your situation.
We will be able to provide you with honest, straightforward advice on your claim and whether a settlement can be achieved for you.
