Workplace bullying and stress have become significant causes of psychological injury claims in New South Wales (NSW). According to SafeWork NSW, there was a substantial 53% increase in psychological injury claims between 2015 and 2020, reflecting heightened awareness and recognition of mental health concerns in professional environments.
Understanding precisely how bullying and stress can lead to compensable psychological injuries, and the steps workers can take, is essential for safeguarding employee wellbeing.
The Specific Impact of Workplace Bullying and Stress
Bullying in the workplace involves repeated and unreasonable behaviour directed towards employees that can severely harm their mental health. SafeWork NSW highlights that workplace bullying alone accounted for approximately 30% of all psychological injury claims in NSW in recent years. This type of behaviour includes intimidation, humiliation, unjust criticism, isolation from colleagues, and unreasonable work demands.
Similarly, stress resulting from excessive workloads, unrealistic expectations, or poor management practices significantly contributes to mental health injuries. High-stress environments, notably in health care, emergency services, education, and corporate sectors, have been identified as primary contributors to psychological injury claims.
Recognising and Responding to Workplace Psychological Injuries
Identifying psychological injuries promptly is crucial. Symptoms may include persistent anxiety, depression, sleep disturbances, loss of concentration, and emotional exhaustion.
Workers experiencing these symptoms should immediately notify their employer and seek medical advice from a qualified mental health professional to clearly document the workplace connection.
NSW Legal Framework on Psychological Injuries
Under NSW law, psychological injuries due to workplace bullying or excessive stress are recognised and compensable conditions. Additionally, the Work Health and Safety Act 2011 imposes clear duties on employers to prevent bullying and manage workplace stress effectively.
Employees affected by bullying or stress-related psychological injuries have specific rights, including:
- Access to medical and psychological treatment fully covered by workers compensation.
- Compensation for lost wages during recovery.
- Potential lump-sum payments if the psychological injury is assessed as permanent impairment.
- Vocational rehabilitation assistance if unable to return to the same role.
Claim Process for Psychological Injuries
Employees pursuing compensation claims for bullying and stress-related psychological injuries should follow these specific steps:
1. Immediate Documentation: Report bullying or stress incidents to your employer, documenting dates, occurrences, and witnesses.
2. Medical Evidence: Obtain a formal diagnosis from a psychologist or psychiatrist clearly linking your mental health condition to workplace factors.
3. Filing Your Claim: Complete the Workers Compensation Claim Form with detailed evidence and submit it to your employer or insurer promptly.
4. Investigation and Review: The insurer may conduct further evaluations, including independent medical assessments. Clear and detailed documentation is critical.
5. Claim Outcome and Appeal Process: If your claim is successful, compensation is provided for medical treatments, wage loss, and potential impairment. Claims rejected can be contested through the NSW Personal Injury Commission..
Why The Help Of A Trusted Compensation Lawyer Matters
Claims involving psychological injuries from bullying and stress are often contested and require substantial proof linking the injury directly to the workplace. Specialised legal assistance from experienced compensation lawyers can significantly strengthen your claim. Expert guidance ensures thorough representation, appropriate documentation, and robust advocacy, greatly improving the likelihood of successful outcomes.
Approved compensation lawyers may apply for a grant of funding with IRO (Independent Review Office), which covers professional fees, counsel’s fees, medical report fees and the cost of other disbursements and incidental expenses reasonably necessary to investigate a claim or pursue a dispute about a claim, so there is no financial burden on the claimant.
At Law Advice, we understand the sensitive nature of psychological injuries and provide dedicated, personalized support throughout your claim journey.