Psychological Injury Claims

In order to make a workplace psychological injury compensation claim, the individual must prove that their injury was caused by their employment and that their employer failed to take reasonable steps to prevent the injury from occurring. This can include demonstrating that the employer was aware of the risk of injury and failed to take appropriate action, or that the employer was negligent in their duty of care to the employee.

It is important to note that making a workplace psychological injury compensation claim can be a complex process, and it is recommended to seek the assistance of a qualified and experienced legal professional.

Examples of psychological injuries

In Australia, some examples of psychological injury claims in the workplace include:

Workplace bullying: This can occur when an individual is subjected to repeated and unreasonable behaviour by their colleagues or superiors that causes them to experience psychological distress.

Trauma: This can occur when an individual is exposed to a traumatic event in the workplace, such as a workplace accident, natural disaster, or workplace violence.

Stress: This can occur when an individual is subjected to excessive workload, time pressure, or other stressors in the workplace that cause them to experience psychological distress.

Harassment: This can occur when an individual is subjected to unwanted sexual or racial harassment in the workplace that causes them to experience psychological distress.

Discrimination: This can occur when an individual is subjected to discrimination in the workplace on the basis of their race, gender, age, or other protected characteristic that causes them to experience psychological distress.

Retaliation: This can occur when an individual is subjected to retaliation in the workplace after making a complaint or participating in a protected activity, such as filing a complaint of discrimination or harassment, that causes them to experience psychological distress.

It is important to note that in order to make a successful psychological injury claim in the workplace in Australia, the individual must prove that their injury was caused by their employment and that their employer failed to take reasonable steps to prevent the injury from occurring.

What compensation can I claim for a psychological injury?

The compensation sought in a workplace psychological injury claim may include reimbursement for medical expenses, loss of earnings, and compensation for pain and suffering. In some cases, the individual may also be able to seek compensation for future loss of earnings or treatment costs.