Making a WorkCover psychological injury claim in Queensland
Many people believe Workers’ Compensation only applies to physical injuries. However, workers can also make a WorkCover psychological injury claim where their mental health condition was caused by work. These claims can be more complex than physical injury claims because different requirements apply.
A worker usually needs to show that employment was a significant contributing factor to the injury. WorkCover Queensland explains that work does not need to be the only cause, but it must have played a significant part in why the worker was injured.
What is the test for a psychological injury claim?
Queensland Workers’ Compensation law can be complicated, especially for psychological injury claims in Queensland. It is not enough to prove that the injury occurred while you were at work. The evidence must show the required connection between your employment and the injury.
Often, this will depend on medical evidence from a treating practitioner, such as a GP, psychologist or psychiatrist. This evidence can be important when assessing how to prove psychological injury for WorkCover in Queensland.
Reasonable management action and rejected claims
A psychological injury claim may be rejected if the injury was caused by “reasonable management action taken in a reasonable way”. This exclusion can apply to management actions such as discipline, transfer, demotion, redeployment, retrenchment or dismissal.
Mental injury claims caused by reasonable management action, when taken in a reasonable way, may not be covered by Workers’ Compensation in Queensland. This can make psychological injury compensation claims difficult, especially where bullying, harassment, performance management or workplace conflict is involved.
What if my psychological injury claim is rejected?
If your claim is rejected, you can lodge a review with the Queensland Workers’ Compensation Regulator. A review must be lodged within three months of receiving the decision to reject your claim. Legal arguments may include that the incident was not management action, that the management action was unreasonable, or that it was not carried out in a reasonable way.
Advice from psychological injury lawyers can help. A WorkCover mental health claim lawyer can review the decision, consider the evidence and help prepare submissions.
Get help with a WorkCover mental health claim in Queensland
Psychological injury claims can be long, complicated and emotional. If you need advice about WorkCover mental health in Queensland, common law psychological injury claims in Queensland, or a possible psychological injury compensation payout in Queensland, Hall Payne Lawyers can help. Whether you need a psychological injury lawyer, want to understand successful psychological injury claims, or need help with a WorkCover claim for stress and psychological injury, please seek advice early.
WorkCover psychological injury claim FAQs
How do I make a WorkCover psychological injury claim in Queensland?
To make a WorkCover psychological injury claim in Queensland, you should seek medical treatment, report the injury to your employer, obtain a work capacity certificate and lodge a claim with WorkCover Queensland or your employer’s self-insurer.
Can I claim Workers’ Compensation for stress at work?
You may be able to claim Workers’ Compensation for work-related stress if the evidence shows your employment was a significant contributing factor to a diagnosed psychological injury.
Why are psychological injury claims rejected?
Psychological injury claims may be rejected if the insurer decides work was not a significant contributing factor, there is insufficient medical evidence, or the injury was caused by reasonable management action taken in a reasonable way.
Can I challenge a rejected psychological injury claim?
Yes. If your claim is rejected, you may be able to request a review through the Queensland Workers’ Compensation Regulator within the required timeframe.
Can I make a common law claim for psychological injury?
You may be able to bring a common law psychological injury claim in Queensland if employer negligence caused or materially contributed to your injury. Legal advice should be sought early.