Suffering from stress, anxiety or another psychological injury from work? You could be eligible to lodge a workers compensation claim

Workplace stress can have many negative impacts on an employee and their mental health. If it is not managed appropriately, oftentimes, it is not just the worker who is impacted but also their family and friendships.

A psychological injury from work can have numerous causes. You might have been involved in a traumatic incident, or you might have been subjected to ongoing bullying, overwork, harassment or a toxic workplace culture.

If you are suffering from a psychological condition that was caused by work, then you may be entitled to compensation benefits. There is a specific process involved to lodge a workers compensation claim. At Kells, we are able to provide you with comprehensive, free advice no matter what stage of your workers compensation claim you might be at.

How to make a claim for a workplace psychological injury

Book a consultation with your doctor

The first step is to consult with your doctor. You should ensure you are open and honest with your doctor about how you are feeling, and why you are feeling this way.

Your doctor will then be in a position to provide you with advice about appropriate treatment and also determine whether you have capacity to work.

To be successful in a workplace psychiatric injury claim, your employment must be a ‘significant contributing factor’ to your condition. These claims can also include an aggravation of a pre-existing psychological condition.

Your doctor should then complete a ‘WorkCover Certificate of Capacity’. For psychological injuries, mere ‘stress’ is not acceptable under workers compensation legislation. Your doctor must provide a formal diagnosis.

Notifying your employer

You should notify your employer of your injury as soon as possible after the diagnosis.

To formally make a workers compensation claim in New South Wales, you must provide your employer or their workers compensation insurer with a copy of the Certificate of Capacity and a Worker’s Injury Claim Form.

The employer must report the work-related psychological injury to their workers compensation insurer within 48 hours of being notified.

Insurer to make liability decision

Once they have been notified of the psychological injury, the insurer must either start provisional payments, delay starting provisional weekly payments due to a reasonable excuse or determine liability. The insurer has 21 days to either accept or deny liability.

Timeframe for lodging a claim

Although there are some exceptions, generally, the timeframe for lodging a claim for workers compensation is within 6 months of the date of the workplace injury. For this reason, we encourage you to contact our office at your earliest convenience if this article might relate to you.

How Kells can help you

Making a workers compensation claim is not always simple.

If you are suffering from a psychological injury caused by work, then you should contact our office for legal advice. Our experienced personal injury team can take the added stress and pressure of lodging/handling the claim off you by providing you with comprehensive and free advice about the workers compensation claim and your entitlements.

At Kells, we are able to apply for funding from the Independent Review Office on your behalf. This means that you will not have to pay us any legal fees and can be assured that you are receiving high-quality legal advice to assist with your claim.

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