Psychological Claims for Workers Compensation

Sha Hotchin

When people hear about personal injury claims, they generally think about physical injuries, like a broken hand. But don’t be fooled, this is only one side of personal injury claims!

Psychological injuries can have a serious impact on individual’s lives, sometimes even more so than physical injuries. Psychological injuries can include depression, PTSD or anxiety caused by events that occurred within the workplace, such as, bullying or a traumatic event. Many claimants suffer both physical and psychological injuries and it is important to know what you can claim.

Legalities Of Filing A Claim

Psychological injuries are much harder to prove in court than physical injuries which can easily be proven by an MRI or X-ray. Proving that you are experiencing a mental injury can also be quite subjective, and therefore extremely difficult to prove.  Psychological injuries also require a longer period of time off work for recovery (almost two times the amount of a physical injury!)

So, can I claim compensation for both physical and psychological injuries I incur from my workplace?

Yes, you can! If you’re deemed eligible under the

Employers do have the ability to rely on a reasonable action defence. Reasonable action has and can be used successfully as a defence, however, it can be difficult for your employer to prove that the action was indeed reasonable. The employer must also prove that the psychological injury was “wholly or predominantly” caused by the reasonable action, which can be a challenge. 

The following are classed as reasonable action:

–      Transfer

–      Demotion

–      Promotion

–      Performance appraisal

–      Discipline

–      Retrenchment

–       Dismissal

–       Provision of employment benefits

If the employer is successful in proving that your psychological injury was caused by one of the above, this defence unfortunately may render the psychological claim non-compensable.

Psychological injury claims often strike an emotional spot within workplaces. Employers can feel a sense of betrayal by the claimant as they blame their workplace for causing mental damages. It is important that both parties focus on the overall goal which is the employee getting back to work as quickly as possible.

What Can I Claim?

–      Medical expenses

–      Permanent impairment

–       Loss of wages

–      Pain and suffering

–      Traveling expenses

–      Rehabilitation expenses

–      Return to work services

How We Can Help

Psychological damage like bullying, work-related pressure and exposure to trauma are growing causes of injury within our modern workplaces. Legal action can be highly stressful and complex for both employers and employees, much more than physical injury claims. So whether you are a company, or an individual, using a Longton Lawyer to ensure your protection is essential. Our Personal Injury team at Longton Legal is here for you during difficult times and employs a ‘no win, no fee’ guarantee so that you can rely on us for the best result.

*Disclaimer:This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*

Key Contact

Sha Hotchin
Partner | Accredited Personal Injury Law Specialist VIC


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Further reading .

Another successful medical negligence claim for a couple
Another successful medical negligence claim for a couple