WORKERS COMPENSATION LAWYERS FOR PSYCHOLOGICAL INJURIES

Injured workers who have sustained a diagnosable psychological or psychiatric injury which was not wholly or predominantly caused by the actions of their employer, may be entitled to compensation under the NSW workers compensation scheme.

Examples of workplace psychological or psychiatric injuries include:

• Depression and anxiety
• Adjustment disorders
• Post-traumatic stress

For a psychological of psychiatric injury to be compensable under the NSW workers compensation scheme, the injury must not have been caused by the reasonable actions of your employer.

Some of the most common causes of workplace psychological injuries include:

• Bullying and harassment
• Mistreatment,
• Intimidation
• Racial or sexual vilification
• Excessive workloads or work hours
• Lack of relevant training
• Breaches of workplace policies
• Workplace isolation
• Constant fear for safety at work such as during the COVID-19 pandemic
• Workplace trauma and/or violence

The entitlements available to workers who have sustained a psychological or psychiatric injury under the NSW workers compensation scheme include:

• Treatment expenses
• Home and personal care
• Partial income replacement
• A lump sum payment for permanent impairment

The NSW workers compensation scheme permits a workers compensation claim to be lodged up to six months after an accident has occurred. Exceptions to this general rule exist if the injury or condition did not occur as a result of a specific incident, but rather as a consequence of the nature and conditions of employment over time.

It may still be possible for you to pursue a claim for compensation if this time limit has lapsed, however you must act promptly. For free confidential advice about your particular circumstances, book a free initial consultation.

The NSW workers compensation scheme places an obligation on employers to report any injury sustained in the workplace to their workers compensation insurer within 48 hours of being notified. Even in circumstances where a psychological condition occurred as a consequence of a traumatic event, it is difficult for an employer to be aware that a worker is suffering from a psychological injury unless it is reported. Injured workers should therefore report a psychological injury to their employer as soon as they become aware of it.

If you’ve sustained a psychological injury in the workplace, you should:

• Seek treatment from an appropriately qualified medical practitioner such as a General Practitioner, Psychologist or Psychiatrist and obtain a formal diagnosis of injury.
• Notify your employer of your workplace injury or illness.
• Requestion your General Practitioner to complete a Certificate of Capacity.
• Complete a Workers Injury Claim Form.
• If your psychological injury occurred as a result of a sequence of events over time, prepare a chronology of events in date order, noting specific events that occurred and witnesses.
• Seek legal advice from an expert workers compensation lawyer at Advantage Legal to understand your rights and entitlements.

In NSW, the workers compensation claim form is called ‘Workers Injury Claim Form’. To lodge a workers compensation claim, you’ll need to complete this form and obtain a completed Certificate of Capacity from your General Practitioner that outlines your psychological condition, capacity for work and treatment requirements.

Both of these documents can be downloaded from www.sira.nsw.gov.au.

The NSW workers compensation scheme provides for two kinds of lump sum compensation payouts for psychological injuries:

• A lump sum for permanent impairment
• A lump sum past and future lost income

Under the NSW workers compensation scheme, a work injury damages claim is a compensation claim for a lump sum payment made against a negligent employer for past and future income loss.

Injured workers must fulfil the following criteria in order to be eligible to pursue a work injury damages claim for a psychological injury:

• Have sustained a primary psychological or psychiatric condition with a whole person impairment of 15% or greater; and
• Be able to prove that their employer’s negligence was the cause of the injury or condition.

Our senior team of workers compensation lawyers provide a free initial consultation and advice to people wanting to confirm if they qualify for a work injury damages claim.

It is not compulsory to engage a lawyer to pursue a workers compensation claim on your behalf in NSW. Injured workers should be aware however that without a lawyer assisting you, you will largely be reliant on the insurance company to accurately calculate your wages, approve your treatment and to facilitate your return to work. In circumstances where you are injured, stressed and concerned about your future, you may overlook errors made by the insurer. Those errors could cost you hundreds or even thousands of dollars.

In November 2021, following intense media pressure, the state’s largest workers compensation insurer, ICARE, conducted a review of 16,000 injured workers case files. As a consequence, $38 million had to be repaid to 53,000 injured people due to errors made. What this repayment demonstrates is that insurance companies can make errors on a systemic scale. So whilst it is not compulsory to engage a lawyer, in circumstances where legal fees and disbursements are funded by an external body called the ‘Independent Review Office’ at no expense to an injured worker, why wouldn’t you seek advice on your rights and entitlements to ensure they are accurate?

To speak with a senior workers compensation lawyer about your claim, book a free initial consultation or submit an enquiry through our website.

In the majority of circumstances, workers who have sustained psychological or psychiatric injuries in the course of their employment are not charged legal fees or disbursements for their NSW workers compensation claim. Upon engaging an approved workers compensation lawyer like those at Advantage Legal, an application will be made for legal funding to the Independent Review Office (IRO). Once a grant funding is approved, you will receive legal advice, representation or both in accordance with the terms of the grant.

Injured workers who are eligible to pursue a modified common law claim, also known as a ‘work injury damages claim’, are typically represented by workers compensation lawyers on a ‘no-win, no-fee basis’. Injured workers are charged professional fees and disbursements in accordance with a document called a ‘cost agreement and disclosure’. Legal fees are usually charged on an hourly rate, stage fee or fixed fee basis, but only become payable at the conclusion of the claim, if the claim is successful. If you’d like to know more about ‘no-win, no fee’ agreements, please see our FAQ What does No-Win, No-Fee mean?

Injured workers should be aware that not all accidents and injuries are eligible for IRO grants. Factors such as the date of your accident and type of employment will impact your eligibility. If you’d like to know whether your claim is eligible for an IRO grant of funding, please contact our senior team for a free confidential consultation and advice.

No-win, no-fee is a common term in the personal injury legal industry, however there is no uniform definition of what it covers. For this reason, it is critical for injured people to review the terms of a no-win, no-fee agreement that a personal injury law firm offers.

Most commonly, a no-win, no-fee arrangement means that a personal injury law firm will represent you on your personal injury claim and only request payment of their professional fees at the successful conclusion of the claim.

The Advantage Legal no-win, no-fee promise provides more protection that other law firms across the industry. We promise that we’ll represent you on your work injury damages claim and only charge our professional fees and disbursements if we win. The reason we include disbursements in our no-win, no-fee promise is because we have no doubt that our senior team will win your case and maximise your compensation. It’s just one of many reasons why your work injury damages case is worth more with Advantage Legal.