Not all workplace injuries are physical. Psychological injuries can be just as devastating, affecting your ability to work, your quality of life, and your relationships well beyond your working hours.
In fact, according to a 2024 Safe Work Australia report, mental health conditions accounted for 9% of all serious Workers’ Compensation claims, which is an 36.9% increase since 2017-2018.
Our Queensland based team can help guide you through your options and assist you in exploring your legal entitlements after a psychological injury.
What is a psychological injury at work?
According to Safe Work Australia, a psychological injury at work is defined as “a range of cognitive, emotional and behavioral symptoms that interfere with a worker's life and can significantly affect how they feel, think, behave and interact with others.”
In other words, if a traumatic event or ongoing mistreatment in the workplace negatively harms your ability to enjoy life both in and out of your working hours, you may have experienced a psychological injury.
Common work related psychological injuries
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Nightmares and night terrors
- Avoidance behaviour
- Adjustment disorders
How can we help
If you’ve experienced a workplace psychological injury or are struggling to discuss your concerns with your employer, we can provide you with personalised legal advice.
We can help you if:
- you've been psychologically injured at work and don't know what to do next
- you need help submitting a WorkCover psychological injury claim
- your WorkCover psychological injury claim has been rejected
- your employer is pressuring you to return to work despite your psychological injury
- you just want to know where you stand
No Win No Fee
We offer a No Win, No Fee* arrangement. This means that if you don’t win, you don’t pay the fees for the work we do on your case!
What can cause a psychological injury at work?
A psychological injury at work can be caused by a single traumatic event, or by experiencing ongoing mistreatment or lack of support. Some common causes we see in clients include:
- Isolated traumatic event (such as abuse or witnessing the injury or death of another)
- Unsafe physical environment
- Bullying and/or harassment
- Discrimination
- Unreasonable job demands or being overworked
- Lack of role clarity or expectations
- Poor support
- Inadequate rewards and recognition
Do I have a psychological injury claim?
Start by assessing your symptoms: Are they persistent? Do they affect your wellbeing outside of work? Are they making daily tasks more difficult?
If you answer yes to any of those questions, you could have a psychological injury from work, and speaking with a lawyer can help with in exploring your entitlements and rights. This is because any potential claim will require an assessment by an Independent Medical Examiner, otherwise known as an IME.
IMEs are experts in various medical fields, including psychology and psychiatry, and have an understanding of workplace insurance regulations and state legislation. They can provide detailed assessments of your injury, which your legal team can use to support a potential claim.
Common law claims with psychological injuries
If you've suffered a psychological injury at work due to your employer's fault or negligence, you may be eligible to pursue a common law claim.
Unlike statutory claims which cover basic damages such as lost wages, medical expenses, common law claims provide more comprehensive benefits, including:
- Loss of past and future wages
- Pain and suffering
- Loss of enjoyment of life
Which industries are most affected by psychological injuries?
While psychological injuries can affect anyone in any industry, certain industries tend to be more likely to cause harm than others:
- Healthcare
- Public administration
- Education
- Community and personal service workers
In fact, according to the 2024 Safe Work Australia report, 1 in 4 of all serious claims for mental health conditions in the past five years were reported by healthcare and social assistance workers. Of those claims, 1 in 4 were caused by bullying and harassment.
What to expect
Every Workers’ Compensation case is different, but there are steps most claims go through.
You’ll need to lodge your Workers’ Compensation claim within six months of becoming aware of your injury.
We can give you the information and guidance you need to assess your options. We’ll answer any questions and help you decide on the best course of action for you.
Learn more about your obligation free initial appointment
This could include a range of support like immediate medical expenses or appointments you need organised.
Once you choose Slater and Gordon, we’ll begin gathering evidence on the accident to prepare your case.
So we can get a better understanding of your injury and the impact it has on your life you might need to get an independent medical examination to assess your injury. We’ll arrange these appointments for you.
Learn more about Independent Medical Examinations (IME)
It’s very rare for cases to proceed all the way to court, most will be resolved without court action. If successful, you’ll receive the compensation the court determines that you’re entitled to.
Frequently Asked Questions
For WorkCover Queensland claims, your statutory benefits may include weekly payments for lost wages, medical and rehabilitation costs, return-to-work support, and lump sum compensation.
If you can prove fault on behalf of your employer, you can lodge a common law claim for damages, including:
- Loss of past and future wages
- Ongoing medical treatment and care costs
- Pain and suffering
- Loss of enjoyment of life
In Queensland, you generally have six months from when you first saw a doctor for your psychological injury to make a claim.
Psychological injury claims can be more complex than standard Workers’ Compensation claims as they often aren’t as obvious as physical injuries. The process typically involves seeking an evaluation by a licensed Independent Medical Examiner, gathering any witnesses, compiling relevant documents or transcripts, and reviewing company policies.
Workers’ compensation lawyers, legal assistants, and counsel are helpful in this area, as they are able to navigate the paperwork and logistics of proving fault and representing you in court if needed.
Superannuation and Disability Insurance
We can help you assess whether you may be entitled to additional disability benefits or a lump sum payment through the insurance policies included in your superannuation.