Did you know that you can make a claim for workers compensation in New South Wales if you have a psychological injury or psychiatric disorder directly caused by your employer? You can claim for loss of wages together with past and ongoing medical expenses. You may also be able to claim compensation for an unsafe workplace or system of work.

Psychological claims can arise from issues like depression, anxiety, PTSD, COVID mandates or bullying and harassment in the workplace.

You may be particularly vulnerable if you work in the health and care sector. In New South Wales, health and care workers made claims for psychological injury at 2.5 times the rate of other workers during the 2020-21 financial year. A survey carried out found only 30 per cent of NSW Health workers disagreed they were burnt out by their work.

COVID and associated mandates have also had impacts on workers’ psychological wellbeing in recent times. One teacher was found to have a psychological injury arising from a COVID vaccine mandate.  She was found to have no capacity to work and a subsequent psychiatric assessment found she was suffering adjustment disorder with anxious distress and was unable to work.

Wherever you work, if you believe you have suffered a psychological injury you should seek legal advice.  You may be able to pursue a Workers Compensation claim. In a large proportion of those claims no legal costs are paid by the worker.

If you are unsure or would like to know more, get in touch with us at Whitelaw McDonald for an informal no obligation chat to learn your rights. Call us today at our Central Coast office +61 02 4343 7000 or Newcastle office +61 02 4941 8999.

NOTICE: This article is accurate at the time of publication and does not constitute legal advice. Please see our legal notices page for more information.