WorkCover compensation claims for stress

You can only claim compensation for work-related stress if your case meets strict legal criteria.

Since proving a stress condition can be more difficult than providing evidence of a physical injury, and specific exclusions apply to claims for psychiatric/psychological injury, making this type of claim isn’t always a straightforward process.

If you can demonstrate a clear link between your job and the diagnosed mental condition you are suffering from, this may entitle you to damages.

In Queensland, in order to qualify for workers’ compensation, employment must be the major significant contributing factor to the mental condition, not a major contributing factor.

The Personal Injury Lawyers can help you understand your rights if you aren’t sure whether you meet the criteria to make a WorkCover claim. 

Chat, call, email, or let us assess your claim for free, there is no cost, and no obligation just to speak to a Lawyer about your case. And in the long run you’ll have less stress by knowing where you stand.

To receive damages, you’ll need to prove you’ve sustained an injury as it’s defined by WorkCover legislation (WorkCover is the body that oversees the management of workplace compensation claims in Queensland).

Claimants in these types of cases need to have been issued with medical documentation certifying they have suffered from a psychiatric/psychological illness due to their employment.

If you haven’t spoken to a doctor about your stress condition, this can make it more difficult to verify your claim. If you suspect your stress levels may be having a negative impact on your quality of life, seek treatment without delay.

Early intervention can help with recovery, and having medical evidence to back up your claim significantly improves your chances of being awarded compensation.

The applicable legislation excludes psychiatric/psychological injuries which have been caused by the following:

• reasonable management action taken in a reasonable way by the employer
• a worker’s expectation or perception of reasonable management action being taken against a worker
• action by WorkCover (or self-insurer) in connection with a worker’s application for compensation.

WorkCover outlines some of the types of actions that may be reasonable management actions taken in a reasonable way, and therefore excluded from compensation:

• action taken to transfer, demote, discipline, redeploy, retrench or dismiss a worker
• a decision not to award or provide promotion, reclassification, leave of absence or other benefit.

Find out more about what happens when your WorkCover claim has finished, and what to do if you cannot return to your job.

This will depend on the nature of your stress condition. If you can no longer work and require ongoing medical care, you may qualify for more damages.

Since every WorkCover claim for stress is unique, it can be difficult to know how much compensation you’re entitled to without seeking legal advice.

To get an idea of what you can claim, The Personal Injury Lawyers offer an obligation-free claim assessment service.

Our lawyers can look at your case and tell you how much compensation you stand to receive if your case is successful.

A WorkCover representative will must provide you with a letter outlining the reasons your stress claim was not accepted.

Depending on the circumstances of your claim, you may be able to request a review of the decision, or have your case referred to a medical panel.

Speaking with The Personal Injury Lawyers about your work-related stress claim can help you build a strong case.

Since employees and employers often have opposite views in these cases, litigating a stress claim can be difficult. Working with a specialist personal injury lawyer means you’ll have access to expert advice and support through the claims process.

Get in touch with our team to find out more about making a claim today.