Can I Make a Claim For Psychological Damage Suffered at Work?

//Can I Make a Claim For Psychological Damage Suffered at Work?

Can I Make a Claim For Psychological Damage Suffered at Work?

Work can be a hazard to your health both physically and psychologically. The causes can range from bullying and sexual harassment to emotional trauma in the workplace due to witnessing a death or violence, or continuous conflicts with coworkers or the boss. These situations can be a nightmare and it can affect your life and health as well as your job.

If you’ve tried to resolve these problems via appropriate avenues with no success and you feel you are being subjected to psychological harm, you might be wondering about making a stress claim. Before you do, you should consider whether you’re eligible, what options are available to you, and the factors in successful work stress claims to ascertain your chances of succeeding. Always consult your personal injury lawyer in Sydney for advice before making any claims or giving up on making one. To be able to make claims for compensation for harm or injury of a psychological or psychiatric nature in NSW, you must have suffered a psychiatric condition that is recognised, and preferably one that’s been diagnosed by a psychiatrist.

Psychological Injury Claims and Workers Compensation

As mentioned above, workplace psychological injury and stress may be the result of different events including:

  • harassment and bullying in the workplace
  • experiencing or exposure to a traumatic event
  • violence in the workplace
  • high work pressure
  • job insecurity

You cannot claim workers compensation for stress for a psychological injury without acceptable medical evidence that your psychological or psychiatric disorder has resulted from your employment. A medical certificate for work stress is not enough or claim psychological injury workers compensation. You will need an assessment by an accredited specialist to determine whether you are eligible. Your personal injury lawyer will arrange this for you but will also tell you that claims for psychological injury in the workplace are made less frequently than those for physical injury at work. The reason is because claims for psychological injury workers compensation can be much more complex, with lower chances of eventual return to work and longer periods of time off work. Psychological injury claims can greatly affect the wellbeing of the worker who has been injured, the employer, and in the end, the community(1)

Psychological

Where Psychological Compensation Claims Fail

If your psychological problem is caused (or is mainly caused) by reasonable management action, then a claim for psychological injury workers compensation will not be accepted.  This means that any action by your boss or manager to demote, transfer, dismiss or retrench you will not be accepted as a reason for your psychological stress or problem if your boss can successfully argue that such actions were reasonable. If your employer wants you to  participate in an appraisal of your performance, this can also be deemed ‘reasonable action’. Your personal injury lawyer will be able to advise you about your particular case and what compensation payouts for psychological injury are likely to be, so don’t hesitate to make contact as soon as possible if you sustain a psychological injury at work.

They will help you to lodge any claims for psychological injury in the workplace, so don’t hesitate to contact PK Simpson and a lawyer will talk you through the process of your particular case.

 


You’re in safe hands with PK Simpson – We can help you receive the compensation you deserve


 

Psychological Compensation Claims

Psychological Damage & Worker’s Compensation

Expert personal injury lawyers know that it’s much less complicated to establish negligence in cases of physical injury than it is for claims of psychological damage, because the latter is complex and much harder to prove. Sadly, the person making the claims is often the reason for this, because they don’t fully understand the cause of their psychological injury – it’s intangible, and can be hard to connect the cause of the damage to the incident or incidents.

With workplace claims of psychological damage, an employee might have been reluctant to tell anyone about an incident for fear of losing their job. In this case, telling the employer would be difficult for them. Then there’s the stigma surrounding mental distress and illness, which makes people reticent about disclosing their psychological damage. If the employer is not aware of the employee’s psychological damage or mental difficulties, it makes it hard to establish employer negligence. Being unaware of the stress the employee is undergoing means the employer cannot take any reasonable, preventative steps.

 


No Win – No Fee – and at PK Simpson, your personal injury lawyer will arrange and pay for all medical reports, so there is no financial strain on your part –

We also win over 99 percent of cases!


 

Worker’s Compensation

Whole Person Impairment and Psychological Injury

Part of your assessment for eligibility to make a workers comp psychological injury claim

is whether or not such injury has impaired at least 15 per cent of your ‘whole person’. This way of assessing a person’s injury was brought in to make the process fair, so anyone with a comparable injury can be granted similar payments. Your level of impairment must be assessed by an accredited medical specialist trained in the exact method which is used to decide how much your psychological injury has affected ability to function and your whole life. The specialist will take into account all test results and medical reports, evidence from members of your family and others, as well as your own account of your injury and how it affects you. The specialist will have an opinion about the severity of your psychological injury and how long it is expected to affect you.  

 


For over 35 years, PK Simpson has been helping the people of NSW get the compensation they are entitled to receive –

Our team is made up of top personal injury lawyer professionals with the skills and experience to make sure your claim is successful


 

Psychological Injury

Why You Will Need Legal Help to Make a Claim

The process of making a claim for psychological damage, proving that you have been injured and how it has affected your life and wellbeing is very difficult and stressful in itself, but not impossible. However, you cannot do it alone and will need the help and support of a personal injury lawyer in Sydney. The support and advice from a very experienced and talented legal team is invaluable and crucial to your success.

Lawyers who are experienced and familiar with the challenges that can arise in workers compensation cases are equipped with knowledge and insight and will listen to everything you have to tell them. They will consider all the hardships you’re likely to encounter during your claims process and explain them to you while guiding you in making the right decisions. There’s a huge relief for claimants when they realise they have been heard, and that they have someone to argue for therm and represent their best interests in any negotiations for the best possible result.

psychological injury at work

If you or someone you know has suffered psychological injury at work and feel that you are entitled to claim compensation, call PK Simpson on 02 9299 1424 or email us enquiries@pksimpson.com.au to book an appointment to come and see us to talk to a competent and experienced personal injury lawyer about your issue.

 


References:

  1. http://returntowork.workplace-mentalhealth.net.au/about-returntoworknetau
By | 2019-01-10T04:45:18+00:00 January 10th, 2019|PK Simpson Blog|Comments Off on Can I Make a Claim For Psychological Damage Suffered at Work?

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