CAN YOU CLAIM COMPENSATION FOR PSYCHOLOGICAL INJURY IN A PERSONAL INJURY CLAIM?
It’s not always physical.
Psychological injuries can arise from stress, bullying and heavy workloads as well as being secondary to physical injuries. Many people are not aware that if you suffer a psychological injury at the fault of another person, you can be compensated in the same way as someone who suffers physical injuries. The consequences of psychological injuries can be devastating and prevent a person from working for a long period of time. Over time, the loss suffered by these people can go into the thousands of dollars.
Many individuals in these situations are unaware that they may be able to receive workers’ compensation or some other benefit under an insurance claim.
What is classified as a psychological injury in Queensland?
Typically, psychological injuries are caused by workplace issues such as:
• Stress or work pressure;
• Safety issues causing traumatic events;
• Bullying; and/or
• Verbal or physical harassment.
In order to be eligible to receive compensation, the injury must be diagnosed as a recognised psychiatric disorder (such as PTSD, adjustment disorder etc).
According to Safe Work Australia, 6% of all workers compensation claims are for psychological or mental disorders and each year, approximately 7820 Australians are compensated for a work-related psychological or mental condition.
In Australia, stress or work pressure is the most prevailing cause of psychological injury.
When is a psychological injury compensable?
In Queensland, a psychological injury is only compensable if it arose out of or in the course of employment.
It must also be proven that employment was a main contributor to the psychological injury for it to be compensable.
It’s important to note, that in cases where the claim is raised in relation to an employers’ dismissal or other disciplinary action against the employee - the claim will generally not be accepted.
Acceptance of a claim for a psychological injury is not always guaranteed - this is why it is vital to engage a lawyer immediately if you’re faced with an injury.
Receive compensation for work-related psychological injury
There’s a possibility that your psychological injury could be compensable. Deciding this on your own is never advisable; as you are likely to be unaware of the many ins and outs of the Workers’ Compensation Legislation.
On top of this, it should be noted that most all compensation claims are governed by strict time limits. This means that claims must be brought within a certain time frame.
Legal Support with Compensation Claims in Queensland, Australia
Although you may believe you have all the necessary proof of cause, diagnosis and other elements necessary to make a claim- many individuals face lengthy battles with insurers just to obtain compensation for what they have been through. This can often exacerbate an already difficult injury.
To ease the stress, it is advisable to engage a professional personal injury lawyer to assist you throughout these proceedings. Always make sure that you are engaging an Accredited Specialist so that you know that you are getting the best possible service.
Receive Assistance from a Professional team of Personal Lawyers in Brisbane, Roma, Toowoomba, Queensland.
Have you faced a psychological injury due to work?
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