CLAIMS FOR WORKPLACE PSYCHOLOGICAL INJURY
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When you’ve been injured, lodging claims and paperwork only makes things worse. At Carbone Lawyers, we manage the whole process so you can just focus on your recovery.
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Our no win, no fee policy means that most personal injury claims have no upfront fees.
If you’ve experienced bullying, harassment, verbal or emotional abuse or any similar form of psychological damage while you’ve been at work, you may be able to claim workers’ compensation, obtain a lump sum payment, sue for damages or claim against your income protection insurance and superannuation.
Even pre-existing psychological conditions aggravated by the behaviour of your employer, colleagues or other people associated with your workplace may count as a work-related injury.
Who can make a WorkCover claim?
- Any employee based in Victoria
- Anyone employed by a company or entity based in Victoria
- An owner-driver or taxi driver
- A volunteer
- A person undertaking work experience
- A contractor or subcontractor
- A company director
- A self-employed person
Where does the injury or harm need to have happened?
- At your regular place of work
- During your lunch break or any other authorised break time
- While you’re travelling for work purposes
- While attending training courses, conferences or other events as part of your work
- While attending a social function related to work
If you are unsure about your eligibility, the team at Carbone Lawyers will be able to guide you.
Common Workplace Psychological Injuries:
- Anxiety, depression or other mental health issues
- Bullying and psychological abuse
- Sexual harassment
- Abuse or harassment relating to gender or sexual orientation
- Abuse or harassment relating to race, ethnicity or religious affiliation
- Ageism
- Sexism
Know Your Rights & Entitlements
Your employer has a duty of care to provide you with a safe and respectful working environment. Employers are also obliged to have WorkCover insurance to cover you for any workplace injury. Claims for psychological injury are similar to physical injuries, and the same obligations and laws apply.
A successful WorkCover claim can compensate you for loss of income, medical expenses and more.
Lodging a WorkCover Claim for psychological injury or harassment can be burdensome and complex, especially when dealing with depression, anxiety and trauma. Failing to provide the correct information can set your claim back and impede a favourable outcome. Getting the right advice from an expert workplace bullying lawyer is strongly recommended.
Carbone Lawyers is a leading personal injury law firm with a team of highly experienced work injury lawyers, including workplace harassment lawyers and sexual harassment lawyers. They will advise and guide you through each step of your claim.
Suffered Another Type Of Injury?
FAQs on Workplace Psychological Injuries
What constitutes a workplace psychological injury?
Psychological injuries in the workplace include conditions such as depression, anxiety, PTSD, and other mental health issues caused by undue work-related stress or trauma. This can also include existing conditions that have been aggravated by the behaviour of your employer, colleagues or other people associated with your workplace.
How can I prove a psychological injury was caused by my workplace?
To prove a psychological injury, you have to provide medical evidence of the injury itself and document incidents of workplace stress or trauma, and gather witness statements to show that it was caused by your workplace. The experts at Carbone Lawyers can assist in compiling and presenting your case, contact us for an obligation-free claims assessment and next steps.
Can I claim workers' compensation for bullying or harassment?
Psychological injuries resulting from workplace bullying or harassment are unfortunately commonplace though fortunately these injuries are covered under workers’ compensation. Read our guide to WorkCover eligibility for other requirements and types of applicable injuries.
What should I do if my psychological injury claim is denied?
There are several reasons Workers Comp may be denied, it’s important to know your rights when this occurs. If you believe your claim was unfairly denied you can appeal the decision with the help of Carbone Lawyers, who can provide expert advice and representation to ensure your claim is fairly assessed.
Can I claim compensation for a pre-existing psychological condition aggravated by work?
Yes, if work has worsened a pre-existing condition, you can claim compensation though this can bring more complications. Consult Carbone Lawyers for an assessment of your claim and to start gathering the necessary evidence for your case.