The information in this blog does not constitute medical or legal advice and are not intended to be relied upon to diagnose or treat any mental or physical health conditions. If you are having issues with anxiety, depression or other emotional or mental health challenges we encourage you to seek professional help.

How do psychological injuries arise and what compensation is available?

Have you suffered a psychological injury or psychiatric disorder that was directly caused by your employment? If you have, you may be able to claim workers compensation. This blog explores what is a psychological injury and the compensation that may be available to you.

What is a psychological injury?

A psychological injury can include a condition such as:

Depression
Anxiety disorders
Post-Traumatic Stress Disorder (PTSD)
Adjustment Disorders.

These conditions can arise in various workplace factors. It could be from workplace stress, trauma, or harassment including:

From excessive workloads,
From bullying or harassment,
From traumatic incidents or in the case of our emergency services clients, repeated exposures to traumatic and violent incidents over the course of their entire employment, or
From being exposed to other people’s trauma through reading, watching, and/or listening to sensitive and complex material. This is called ‘vicarious trauma’.

These are referred to as “primary” psychological injuries.

Sometimes psychological injuries can arise when you are suffering from the effects of a physical injury. Being constantly in pain and limited due to physical injuries, can have an impact on your mental health. This is referred to as a “secondary” psychological injury.

Associate, Melissa Arndell has previously set out in a blog the differences between a primary and secondary psychological injury and whether you can claim compensation for a secondary psychological injury. You can read about what compensation is available when there is a both a physical injury and a psychological injury here.

However, there are circumstances where you might not be able to receive compensation for a psychological injury. This can include where your injury arose in the normal course of your employer taking reasonable action such as demotion, performance appraisal, retrenchment, or dismissal.

What to do if you suffer a psychological injury?

If you are struggling with your mental health as a direct result of your employment, then you should seek professional help from your GP. They will be able to provide you with a diagnosis using the correct medical terms but also can refer you for any treatment that you may need including seeing a counselling or psychologist, or a referral to a psychiatrist who can prescribe you medications.

Your GP can also provide you with a certificate of capacity if you require time off work due to your psychological injury.

You will also need to notify your employer of your injury as soon as possible and gather any necessary documents to support your claim. This can include, medical reports, witness statements and any evidence of workplace conditions that contributed to your psychological state.

The workers compensation claims journey can be quite complex and can add stress to your condition. Psychological injuries often come under more scrutiny than physical injury as they require evidence to establish a direct link between your workplace conditions and the injury.

Obtaining the right amount of support can be crucial for helping your recovery. In addition to speaking to a personal injury lawyer who understands the workers compensation system, there are various resources available for those suffering from psychological injuries, including:

Employee Assistance Programs (EAPs): Many employers offer these services to support mental health.
Mental Health Services: Accessing therapy or counselling can be vital for recovery and evidence gather for your claim.
Support Groups: Connecting with others who have experienced similar challenges can provide emotional support.

What compensation is available?

If your injury is accepted, you could be entitled to:

Weekly benefits to offset your lost income when you can’t work.
The cost of reasonably necessary medical treatment such as GP appointments, psychologist appointments, psychiatrist appointments.
Access to Occupational and Vocational rehabilitation services and support to help you return to work.
Reimbursement of expenses you have incurred while you have a claim such as travel and parking.
The costs of any medications you need because of your injury.
Hospital costs if you require inpatient admission related to your injury.
Ambulance services.
Depending on the severity of your psychological injury, you may also be entitled to a lump sum compensation payment for permanent impairment.

What should you do?

Understanding how to navigate these claims by knowing what your rights are and what steps to take can help you secure the support you need for recovery and make the claims process a little bit easier. If you have any queries about making a workers compensation claim for a psychological injury or your claim is denied or if you face difficulties in the claims process, then give us a call on 1300 026 875 or contact us via our website – www.bourkelegal.com.