In recent years, mental health has finally begun to receive the attention it deserves. Communities, employers, and governments have started recognising the significant impacts poor mental health can have—not only on individuals, but on workplaces and broader society.
Historically, psychiatric conditions such as depression, anxiety, and other psychological injuries carried a heavy stigma. Thankfully, this is slowly changing. However, psychiatric injuries—especially those arising in the workplace—still pose unique challenges for injured workers seeking support and justice.
Why Workplace Psychiatric Injuries Are So Complex
For an employee to lodge a claim for WorkCover statutory benefits following events such as workplace bullying or harassment, the process can be emotionally and legally complex. Concerns over job security, workplace ostracism, and the stigma of taking legal action against an employer are very real and valid.
This is where early legal advice can make a significant difference. By engaging a solicitor early in the process, workers can navigate the system with confidence and reduce the emotional burden of trying to handle it all alone.
Understanding the Legal Framework: Section 32 of the WCRA
Under the Workers’ Compensation and Rehabilitation Act 2003 (Qld), a claimant must prove:
- They are a “worker” as defined by the Act;
- They have sustained an “injury”; and
- The injury arose out of, or in the course of, their employment.
WorkCover will also assess:
- Whether the injury arose from “management action”; and
- Whether that management action was reasonable and conducted in a reasonable way.
If the psychiatric injury arose from reasonable management action carried out in a reasonable way, the injury will be excluded under the legislation, and the claim may be rejected.
Unlike many physical injuries which stem from a single event, psychiatric injuries often develop over time due to repeated stressors. This can make them harder to prove without careful legal preparation and guidance.
How Early Legal Advice Can Help
- Emotional Support and Guidance
Dealing with a psychiatric injury is difficult enough—managing a legal claim on top of that can feel overwhelming. A solicitor can help ease that burden by guiding you through the process, including helping to prepare your statement of stressors—a key document required after lodging your Application for Compensation.
This statement must clearly explain the events and workplace conditions that contributed to your injury. Many workers find this step particularly stressful while they are already managing symptoms. Early legal support ensures your statement is comprehensive and accurate, giving your claim the best chance of success.
- Responding to Disputes and Allegations
Psychiatric injury claims are often challenged by employers. They may dispute the alleged workplace events or argue that the injury arose from reasonable management action (such as performance reviews or disciplinary proceedings).
Employers may also respond to your statement with their own allegations. Early legal advice ensures your responses are properly framed and backed by evidence, improving your chances of having your claim accepted on the first attempt.
- Structuring Your Claim Properly
Psychiatric injury claims require a clear and legally sound structure. Poorly framed claims or irrelevant details can harm your chances of success. A solicitor will help:
- Identify the strongest stressors to rely on;
- Ensure your evidence aligns with legal requirements; and
- Reduce the risk of presenting information that could undermine your case.
- Protection From Insurer Tactics
Dealing with insurers can be frustrating, especially when you’re recovering from a psychiatric injury. Early legal advice acts as a protective buffer between you and the insurer. Your solicitor can:
- Handle all communications and paperwork;
- Ensure your rights are protected; and
- Manage the claim process with professionalism and empathy.
Let Kare Lawyers Help You
If you’re considering lodging a psychiatric injury claim with WorkCover Queensland, Kare Lawyers can provide expert legal guidance from day one. We can help you draft a strong Application for Compensation and Statement of Stressors, giving your claim the best chance of success at first instance.
If your claim is rejected, remember: you have three months from receiving written reasons for the decision to lodge an Application for Review with the Regulator.
Early legal advice is more than just a safeguard—it can be the key to a successful outcome.
