Psychological injury lawyers

Who can make a psychological injury or mental health claim?

You may be able to claim workers' compensation if events at work have had an impact on your mental health or emotional wellbeing. You may also be able to make a claim if you have a pre-existing psychological condition that worsened at work.

Eligible workers include:

• full time workers
• part-time workers
• casual employees
• subcontractors
   

The most common symptoms of psychological trauma include:

• stress
• anxiety
• depression
• nightmares & loss of sleep
   

Symptoms of trauma can also typically include guilt, anger, fatigue, disorientation, poor concentration and social withdrawal.

As well as workplace incidents, you may also be able to claim work injury compensation for a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing psychological condition impacted by your work.

In some states you may be able to claim for psychological trauma sustained during a normal recess, such as lunchtime or morning and afternoon tea breaks.

Time limits for making a psychological injury claim

Time limits for a psychological injury claim at work can vary under the different laws, depending on where you live.

It’s important that you report your trauma to both your employer and the workers’ compensation authority that covers you as soon as possible. It’s best to do this within 30 days of the incident or once you’ve become aware of your psychological injury or illness.

Psychological injury compensation and benefits

The compensation and benefits you may receive from a psychological injury claim depend on (the severity of) your injury, when it happened, the law you’re covered by and the state you live in.

How much you may receive will depend on your specific information. You may receive payments that are equal to a percentage of your weekly earnings and for all reasonable medical and associated expenses. You can claim a lump sum if the injury has caused permanent impairment.