While some instances of bullying, like physical violence, are apparent, others aren’t. Although they aren't easily seen, excessive work pressure, inexplicit exclusion, and psychological bullying all count.
If you’re the victim of bullying and harassment in the workplace, and you have suffered a psychiatric injury, you may be eligible to make a workers’ compensation claim. There are specific procedures to follow in order to make a successful claim.
What Counts as Bullying and Harassment?
While most acts of bullying and harassment are cut and dry, some instances aren’t so obvious.
Let’s start with what’s not considered bullying or harassment.
Employers have the right to make reasonable decisions regarding your employment. While you may disagree with the outcome, as long as the actions are taken in a reasonable way, they don’t count as bullying or harassment.
For example:
- Providing constructive feedback.
- Moving employees between departments.
- Disciplinary action that follows approved guidelines.
- Dismissals with valid reasoning.
But, for example, if a manager constantly gives feedback in a rude and condescending manner, it may count as bullying.
What does count as bullying and harassment:
- Threats (e.g. violence and dismissal).
- Comments that are sexual or racist.
- Exclusion from events, communications or privileges.
- Unreasonable deadlines.
- Aggressive behaviour.
There are also instances, like managers or co-workers, making inappropriate jokes at your expense. If this happens, it’s important to ask them to stop this behaviour and keep a record of doing so.
What You Can Do About Bullying and Harassment
First, you should always try to resolve any issues, especially if they don’t involve obvious bullying. For example, asking a manager to stop making jokes that make you feel uncomfortable.
If talking to them doesn’t work, you should speak with HR or voice your concerns to whoever manages the perpetrator.
Second, you can file an anti-bullying order with the Fair Work Commission. The FWC will assist with mediation and help you find the best solution to prevent further bullying.
Third, you can take action by filing a workers’ compensation claim for bullying and harassment.
Filing a Workers’ Compensation Claim for Bullying and Harassment
To increase your chances of a successful workers compensation claim, it’s crucial that you collect evidence of the bullying and harassment—for example, a doctor’s report/certificate regarding your physical or psychological wellbeing.
The medical evidence must state that your employment was a major cause of your psychological injury.
If your claim is successful, you may be compensated for:
- Loss of wages.
- Medical expenses.
- Other expenses related to your injuries.
- If your injuries are assessed at 15% whole person impairment or greater, you may be entitled to a lump sum.
To ensure your workers’ compensation claim is successful, seek expert advice from a lawyer that has experience dealing with these kinds of issues and in particular with insurance companies who have their own experienced legal teams.
So, if you believe you are a victim of bullying and harassment and have suffered a psychiatric injury as a result, reach out to us today for advice.