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.

Am I eligible to make a psychological work injury claim? 

Workers eligible to claim workers' compensation for psychological injuries include:

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

If you're unsure whether you may be eligible to make a compensation claim, use our free claim check tool to find out. 

What types of mental injuries can I claim compensation for?

Some of the most common mental injuries you may be able to claim workers’ compensation for include:

• anxiety
• depression
• post-traumatic stress disorder (PTSD)

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.

Find out more about physical injuries and workplace diseases that you may be able to claim workers' compensation for. 

A new mental injury definition 

In Victoria from 31 March 2024, you can only claim WorkCover for a mental injury if it:

a. causes significant behavioural, cognitive or psychological dysfunction 

b. has been diagnosed by a medical practitioner (General Practitioner or Psychiatrist) in accordance with the Diagnostic Statistical Manual of Mental Disorders

c. is predominantly caused by your employment, and

d. is not caused by stress or burnout as a result of events that are considered usual and are reasonably expected to occur in the course of your duties. 

A mental injury must satisfy all of these definitions to be eligible for compensation. 

Exclusion: a worker may remain eligible for compensation in some situations, including if a worker's mental injury has been predominantly caused by traumatic events. For example, frontline workers such as police officers and paramedics.

What are the 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. So it's important to seek legal advice as soon as possible. 

It’s also 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.

What psychological injury compensation and benefits can I claim?

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.