The Australian law protects workers against any injuries they sustain at the workplace under the Workers Compensation Scheme. And the injury list includes psychological injuries.
As opposed to physical wounds, cuts, or bruises, psychological injuries are cognitive and emotional. Hence, they’re harder to deal with. In this article, learn how to claim workers’ compensation for psychological injuries sustained at the workplace. You can also contact an expert like lawadvice.com.au for immediate advice.
What are Psychological Injuries?
Before you claim your compensation for psychological injury, you must be aware of what psychological injuries are and aren’t.
As per definition, psychological injuries are mental injuries that affect a person’s ability to feel, think, and work. It is also known as mental injury, and it can include depression, anxiety, and post-traumatic stress disorder.
The mental injuries might be caused by the environment you work in, the organisation’s way of work, or personal reasons. Environmental factors include noise, accidents, or equipment. Organisational factors might be poor peer support and a high level of stress.
Research has found out that inadequate psychological arrangements cost Australian businesses nearly $6 billion a year.
How to Claim Workers’ Compensation for Psychological Injuries
Just like with other types of injuries, you need to prove certain things to the insurance carrier. You need to prove either of the two claims:
● You suffered a psychological injury or trauma at work
● Your psychological injury is because of a physical injury that took place at the workplace
But as you might know, proving you’re suffering a mental problem is subjective. Opinions vary, and so do the final decisions. Therefore, you’d need medical reports and trustworthy testimonials to back up the claim. The best testimonials come from a psychologist who has properly diagnosed you.
Or else, your family members can also offer a testimony. Their testimony should corroborate the changes you are claiming in your mental health.
What Can Lead to a Psychological Injury?
To strengthen your claim, it’s better if you can attribute your mental injury to an incident. If you’ve experienced any of the below instance and believe it led to your mental harm, you can cite the same:
● An accident at the workplace
● A death that occurred at the workplace
● Being overworked
● Denial of vacation or time off
● Sexual abuse or harassment
● Bullying
● Racism
● Unacceptable working conditions
● Improper job security
You should provide evidence of the same and explain how it led to your psychological injury.
How to Prepare a Claim?
To prepare a claim, you’d need to do the following:
● Send a formal notification to your employer stating that you’re experiencing psychological problems and wait for a response.
● Complete any paperwork to request compensation.
● Provide necessary details on your injury along with the proof.
● Cooperate with the management and lawyers to deal with the case.
Most claim filings are settled outside of the court. But if that doesn’t happen, then you might have to file a case in court and sue your company.
To prepare a claim, it’s best to work with an experienced attorney. They are in a much better position to help you out with legal paperwork and proceedings.
