Workers compensation and psychological injury

SWA-psyhological-injury

SafeWork Australia has released a fact sheet which covers early intervention, when a psychological injury is compensable and notification requirements, and includes links to each jurisdiction’s workers’ compensation authority and legislation.

This useful fact sheet provides a general overview of the employer’s role under workers’ compensation legislation in relation to psychological injuries.
All jurisdictions (states and territories) have separate workers’ compensation acts and regulations.

Direct link to fact sheet>>



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One Response to “Workers compensation and psychological injury”

  1. This Safe Work Australia document is incorrect in that it states in part the following concerning the section headed Workers’ compensation laws:
    “All jurisdictions have workers’ compensation laws which establish a no-fault scheme for the compensation and management of work-related injuries”

    Under section 32 (5) of the Queensland Act a psych injured worker has the onus of proof to establish the employers conduct was unreasonable in causing the injury to enable the claim to be accepted. Refer to Prizeman v Q-COMP3 (Prizeman) where President Hall determined that the onus is on the applicant seeking compensation to demonstrate that the action of management was unreasonable, and in the absence of evidence to support that contention, the actions of management must be assumed to be reasonable. Accordingly, it is very difficult to establish the employers fault for a claim to be accepted and further if an injured worker is unsuccessful in an appeal, that injured worker usually will be subject to a substantial costs order (at least $30,000).
    From memory the last details provided by Qcomp shows that less than 1 % of all appeals concerning section 32 (5) are in favour of the injured worker.
    Queensland certainly has fault based legislation concerning psych injuries and Safe Work Australia should at least do better research before putting out their facts sheets.

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