A psychological injury must meet specific criteria to be covered under workers compensation:

• You must have a diagnosable psychiatric injury.
• The condition must be more than just work-related stress.
• The main contributing factor to the injury must be work-related.
• The condition must be diagnosed by a dotor.
• Temporary distress or ordinary workplace pressure is not generally sufficient.

Pre-existing conditions may be covered if work significantly contributed to them. The injury must not be wholly or predominantly caused by reasonable management action (for example, redundancy, termination, transfer or provision of employment benefits).

Workplace bullying claims can arise from various behaviours, including:

• Repeated unreasonable behaviour directed towards a worker
• Actions that create a risk to health and safety
• Verbal or physical abuse
• Deliberate exclusion from work-related activities
• Unreasonable work demands
• Humiliation or intimidation
• Spreading of malicious rumours

Please note that reasonable management action carried out in a reasonable way is not considered bullying.

To prove workplace bullying, you should:

• Document all incidents with dates and details
• Keep copies of relevant emails, messages or other communications
• Identify any witnesses to the behaviour
• Report the behaviour through proper workplace channels
• Seek medical attention and document your symptoms
• Keep records of how the behaviour affects your health
• Maintain copies of any formal complaints made
• Record any responses from management

To support your psychological injury claim, you will need:

• A formal diagnosis from a psychiatrist
• Clinical notes from your GP or treating doctors
• Evidence of workplace incidents or bullying
• Witness statements (where available)
• Records of complaints or reports made
• Documentation of your work performance
• Records of any previous psychological treatment
• Evidence of attempts to resolve workplace issues
• Proof that the injury wasn’t caused by reasonable management action

Your lawyer may assist you to obtain some of this evidence.

There are important time limits to consider:

• You should report your injury to your employer as soon as possible.
• You should report your psychological injury to your employer before you resign (if you resign – resigning is not recommended without first obtaining legal advice).
• A claim should be made within six months of the injury.
• For gradual onset conditions, the time starts when you first sought treatment/went off work.
• Extensions may be granted in certain circumstances.
• Different time limits may apply for permanent impairment claims and work injury damages claims.
• Delay in claiming may affect your entitlements.
• Early reporting helps establish the injury’s connection with work.

Available benefits include:

• Weekly compensation payments whilst unable to work
• Medical and treatment expenses
• Psychological and psychiatric treatment costs
• Rehabilitation expenses
• Permanent impairment compensation (if 15% WPI or more)
• Travel expenses for treatment
• Return to work assistance

Additional benefits may be available depending on your circumstances.

Pre-existing psychological conditions are assessed as follows:

• Work must be a main contributing factor to the aggravation, deterioration or acceleration of the psychological condition.
• Previous treatment history will be considered.
• The impact of non-work factors will be assessed.
• Medical evidence must establish that work was a main contributing factor to the deterioration og the psychological injury.
• Each case is assessed on its individual circumstances.
• The condition must be aggravated by specific work events.

Different rules may apply for emergency workers, like Police, Paramedics and Fire Fighters.

Various support services are available:

• Access to treating healthcare providers
• Workplace rehabilitation providers
• Return to work coordination
• Legal representation covered by IRO
• If you are a member, support from unions or employee representatives
• Specialised mental health services

Returning to work with a psychological injury requires careful management:

• A return-to-work plan should be developed
• Workplace adjustments may be necessary
• Alternative duties might be appropriate
• A different work location may be considered
• Graduated return to work is often recommended
• Medical clearance is usually required
• Support services should be in place
• Regular review of progress is important

If your claim is disputed:

• You have the right to seek a review
• Legal representation is available at no cost to you.
• The Personal Injury Commission may assist to resolve disputes
• Independent medical examinations may be required
• Further evidence may need to be gathered
• Some support services remain available during disputes
• Your lawyer can guide you through the process