{"id":6771,"date":"2017-10-18T01:40:13","date_gmt":"2017-10-17T15:40:13","guid":{"rendered":"http:\/\/nowinnofeepersonalinjurylawyers.com.au\/?p=6771"},"modified":"2017-10-18T04:11:21","modified_gmt":"2017-10-17T18:11:21","slug":"workers-compensation-lawyers-explain-psychological-injury-claims","status":"publish","type":"post","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/10\/18\/workers-compensation-lawyers-explain-psychological-injury-claims\/","title":{"rendered":"Workers’ Compensation Lawyers Explain Psychological Injury Claims"},"content":{"rendered":"
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No Win No Fee Personal Injury Lawyers are workers’ compensation and Common Law claim experts. We explain the rights of workers’ suffering psychological injury. Brisbane & Gold Coast Workers’ Compensation Lawyers.<\/p><\/div>\n

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 <\/a>and damages.<\/p>\n<\/div>\n

Rights to Workers’ Compensation & Common Law Damages<\/span><\/h2>\n
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You’ve a right to workers’ compensation <\/a>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<\/a>.<\/div>\n
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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 <\/a>or the self-insured employer to exclude such claims under workers’ compensation legislation<\/a>, on the grounds of “reasonable management action undertaken in a reasonable manner”<\/em>. This is often used as a bar to workers who suffer psychological or psychiatric injury in the workplace.<\/div>\n

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Exclusion of Workers’ Compensation Claims for Reasonable Management Action Undertaken in a Reasonable Way<\/span><\/h2>\n
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What this exclusion provision means, is if you suffer your psychological injury as a result of action by management that is reasonable, and the way that management action is undertaken is considered reasonable, then you will not be entitled to a workers’ compensation or Common Law claim for that injury.<\/p>\n<\/div>\n

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For example, say you apply for a promotion, don’t win the job and suffer depression as a result and are unable to work. You apply to Workcover Queensland for a workers’ compensation claim, however, your claim is rejected. The reasons given are that the applicant given the promotion won it on merit and appropriate and fair processes were followed in advertising the role, considering applicants, determining the best candidate for the role and in the process of advising those who were unsuccessful.\u00a0 If this is the case, then you will not have an entitlement to a workers’ compensation claim or any claim for compensation or damages for your psychiatric injury.\u00a0 This is because determination of the promotion was reasonable and the way management carried out the process was also reasonable. Hence, the exclusion of psychological and psychiatric claims under the Workers’ Compensation & Rehabilitation Act 2003<\/em><\/a>, will apply.<\/div>\n

No Win No Fee Personal Injury Lawyers Provide an Example of Unreasonable Management Action<\/span><\/h2>\n
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However, say that the promotion is given to a relative of your employer, who has no experience for the role and is in fact, your subordinate who you have been training. Obviously the whole process of advertising the promotion and the application process was simply a farce. If this can be shown to be the case, then awarding of the position to your subordinate was not reasonable management action and nor was it undertaken in a reasonable manner. You would in such case, have a right to workers’ compensation benefits for your psychiatric injury, including payment for your treatment and wages whilst you are unable to work. You will also have entitlement to bring a Common Law claim for the wrongful actions of your employer, and obtain damages for your injury and any resultant loss and damage you have sustained because of your injury.<\/p>\n<\/div>\n

No Win No Fee Personal Injury Lawyers Provide an Example of Reasonable Management Action Carried Out in an Unreasonable Manner<\/span><\/h2>\n
Entitlement to workers’ compensation and Common Law damages for your psychological or psychiatric injury from your work, is not just limited to injury arising from unreasonable management action, but where the action is reasonable but applied unreasonably, then you will also have entitlement.\u00a0 For instance, a complaint is made in relation to your work performance and you are called to a meeting with your supervisor over the issue. During that meeting, the supervisor yells abuse at you or fails to listen to what you have to say or provide you with a reasonable opportunity to put forward your case, before making an adverse decision against you.<\/div>\n
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In such situation, even though it may have been reasonable to hold the meeting to discuss your work performance, the manner in which that action was taken was not reasonable and in such case, the exclusion would not apply. You would have a right to seek workers’ compensation benefits and damages for a psychiatric injury sustained as a result of the meeting with your supervisor.<\/div>\n

The Workers’ Compensation Insurer’s Right to Exclude for Reasonable Management Action Applies to Pure Psychiatric Injury Claims Only<\/span><\/h2>\n
This exclusion of psychiatric injury claims is only in respect to cases of pure psychiatric injury.\u00a0 It doesn’t apply to cases where psychological injury has arisen as a consequence of physical injury sustained at work. It also doesn’t apply in cases where psychological injury has arisen due to being exposed to a traumatic event in the workplace, or because of bullying and harassment. Bullying and harassment can never be considered reasonable management action.<\/div>\n

You Can Appeal a Decision of the Workers’ Compensation Insurer to Reject your Psychiatric Injury Claim<\/span><\/h2>\n
There are avenues of appeal where you’ve been rejected in your claim <\/a>for psychiatric injury due to reasonable management action undertaken in a reasonable manner.\u00a0 You can at first instance, apply to the Workers’ Compensation Regulator <\/a>to have the decision reviewed.\u00a0 If this is unsuccessful, you can appeal this determination with the Queensland Industrial Relations Commission<\/a>. Final appeal is to the Queensland Industrial Court<\/a>.<\/div>\n
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No Win No Fee Personal Injury Lawyers are Experts in Workers’ Compensation & Work Injury Claims<\/span><\/h2>\n
\u00a0If you’ve sustained psychological or psychiatric injury in the course of your work, then you need to contact us at No Win No Fee Personal Injury Lawyers<\/a>. Such claims can be complicated and you can compromise your right to compensation and damages if you don’t have the benefit of legal advice expert in this area of personal injury law<\/a>.<\/div>\n<\/div>\n
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In some cases, we see psychiatric injury claims being rejected on the basis of reasonable management action, when the claim is not one subject to that exclusion, however, the way in which the worker has approached their application for workers’ compensation has given the insurer the opportunity to reject the claim on this basis.\u00a0 It is very important that you contact us about your case as soon as possible if you believe you have a right to make application for workers’ compensation benefits, so your claim is not compromised.<\/div>\n
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You can contact us by calling 1300 388 383, Livechatting with us<\/span> through our online Chat service, or by sending us your enquiry<\/span> via one of our FREE Instant Case Appraisal <\/a>forms, or Requests for a FREE Consultation or Callback <\/a>forms on our website.<\/div>\n
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All enquiries are FREE of any charge, totally confidential and without any obligation<\/span>. We are also available to you 24 hours a day, 7 days a week<\/span>. And you don’t talk to someone taking messages, you get to talk to a Senior Lawyer, expert in workplace injury claims<\/a>.<\/div>\n
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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. Rights to Workers’ Compensation & Common Law Damages You’ve a right to workers’ compensation benefits & where the injury 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Compensation Lawyers Explain Psychological Injury Claims - No Win No Fee Personal Injury Lawyers<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/10\/18\/workers-compensation-lawyers-explain-psychological-injury-claims\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Workers' Compensation Lawyers Explain Psychological Injury Claims\" \/>\n<meta property=\"og:description\" content=\"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. Rights to Workers’ Compensation & Common Law Damages You’ve a right to workers’ compensation benefits & where the injury […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/10\/18\/workers-compensation-lawyers-explain-psychological-injury-claims\/\" \/>\n<meta property=\"og:site_name\" content=\"No Win No Fee Personal Injury Lawyers\" \/>\n<meta property=\"article:published_time\" content=\"2017-10-17T15:40:13+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2017-10-17T18:11:21+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/nowinnofeepersonalinjurylawyers.com.auwp-content\/uploads\/2017\/10\/nowinnofeepersonalinjurylawyersworkerscompensationclaimspostimage-300x229.jpg\" \/>\n<meta name=\"author\" content=\"Toni Palmer\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Toni 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Rights to Workers’ Compensation & Common Law Damages You’ve a right to workers’ compensation benefits & where the injury […]","og_url":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/10\/18\/workers-compensation-lawyers-explain-psychological-injury-claims\/","og_site_name":"No Win No Fee Personal Injury Lawyers","article_published_time":"2017-10-17T15:40:13+00:00","article_modified_time":"2017-10-17T18:11:21+00:00","og_image":[{"url":"https:\/\/nowinnofeepersonalinjurylawyers.com.auwp-content\/uploads\/2017\/10\/nowinnofeepersonalinjurylawyersworkerscompensationclaimspostimage-300x229.jpg","type":"","width":"","height":""}],"author":"Toni Palmer","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Toni Palmer","Est. reading time":"6 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If you don't know what a Notice of Assessment in a work injury claim is and would like to know more,\u2026","rel":"","context":"In "Work Injury Claims"","block_context":{"text":"Work Injury Claims","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/category\/work-injury-claims\/"},"img":{"alt_text":"Personal Injury Lawyers expert in workplace injury claims explain Lump Sum Statutory Offers for workplace injuries.","src":"https:\/\/i0.wp.com\/nowinnofeepersonalinjurylawyers.com.auwp-content\/uploads\/2017\/08\/personal-injury-lawyers-lump-sum-offer-post-image-1-300x229.png?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":6850,"url":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/11\/01\/work-injury-claims-5-threshold\/","url_meta":{"origin":6771,"position":4},"title":"Qld Work Injury Claims & the 5% Threshold","author":"Toni Palmer","date":"November 1, 2017","format":false,"excerpt":"Good News for those Injured at Work During 15 October 2013 & 30 January 2015 If you've been injured at work during the period 15 October 2013 and 30 January 2015, then your work injury claim is subject to the 5% threshold. What this means is that you cannot bring\u2026","rel":"","context":"In "No Win No Fee Personal Injury Lawyers"","block_context":{"text":"No Win No Fee Personal Injury Lawyers","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/category\/no-win-no-fee-personal-injury-lawyers\/"},"img":{"alt_text":"Brisbane & Gold Coast No Win No Fee Personal Injury Lawyers explain recent decision impact on work injury claims in Qld.","src":"https:\/\/i0.wp.com\/nowinnofeepersonalinjurylawyers.com.auwp-content\/uploads\/2017\/11\/personal-injury-lawyers-gold-coast-and-brisbane-no-win-no-fee-impage-post-300x229.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":6570,"url":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/2017\/08\/09\/notices-assessment-workers-compensation-work-injury-claims\/","url_meta":{"origin":6771,"position":5},"title":"Notices of Assessment in Workers’ Compensation & Work Injury Claims","author":"Toni Palmer","date":"August 9, 2017","format":false,"excerpt":"At the end of your workers' compensation claim for work injury, the workers' compensation insurer may issue you with a document called a \"Notice of Assessment\". This document will list all your injuries sustained in your work accident and accord a degree of permanent impairment assessed by a doctor for\u2026","rel":"","context":"In "Work Injury Claims"","block_context":{"text":"Work Injury Claims","link":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/category\/work-injury-claims\/"},"img":{"alt_text":"Gold Coast and Brisbane Personal Injury Lawyers explain Notices of Assessment in Queensland work injury claims","src":"https:\/\/i0.wp.com\/nowinnofeepersonalinjurylawyers.com.auwp-content\/uploads\/2017\/08\/personal-injury-lawyers-brisbane-workers-compensation-post-image-300x230.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]}],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/posts\/6771","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/comments?post=6771"}],"version-history":[{"count":9,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/posts\/6771\/revisions"}],"predecessor-version":[{"id":6782,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/posts\/6771\/revisions\/6782"}],"wp:attachment":[{"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/media?parent=6771"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/categories?post=6771"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nowinnofeepersonalinjurylawyers.com.au\/index.php\/wp-json\/wp\/v2\/tags?post=6771"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}