If you suffer psychological injury in the course of your work, whether from exposure to trauma, work stress, bullying & harassment or unfair or unreasonable management action, you have a right to seek compensation and damages.

You’ve a right to workers’ compensation benefits & where the injury is as a result of the wrongful actions or negligence of your employer or a co-worker, then you’ve also a right to seek damages by way of a Common Law claim.

The problem arises in cases where the psychological or psychiatric injury has arisen as a result of management action. In such case, there is opportunity for Workcover Queensland or the self-insured employer to exclude such claims under workers’ compensation legislation, on the grounds of “reasonable management action undertaken in a reasonable manner”. This is often used as a bar to workers who suffer psychological or psychiatric injury in the workplace.