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Psychological injury at work · Queensland

Psychological injury at work claims in Queensland — for workers whose mental health injury was caused or aggravated by their work or workplace.

Psychological injury at work claims in Queensland sit inside the Workers Compensation and Rehabilitation Act (WCRA). Statutory benefits begin under WorkCover. Where an employer breach can be made out, a separate common-law action is assessed in parallel.

  • No-obligation first consultation
  • No win, no fee*
  • We set out our costs in writing at the start.
Notice

Your time limits

Queensland law
  • 6 monthsLodge your WorkCover application
  • 20 business daysWorkCover decides
  • 3 yearsStart court proceedings for damages
All 5 time limits, and when each starts

Two claims, one team

WorkCover supports your recovery. We investigate any damages claim early.

Accepted statutory claims pay benefits during recovery. We investigate any employer or third-party negligence claim alongside them.

Claim 1 · WorkCover

Statutory

WorkCover claim

No fault to prove.

  • Weekly payments while you can’t work
  • Medical, hospital and rehabilitation costs
  • A lump sum if you’re left with a permanent impairment

Lodge within 6 months. The insurer aims to decide within 20 business days.

Claim 2 · Damages

Common law

Damages claim

Negligence has to be shown.

  • Pain and suffering, on Queensland’s injury scale
  • Past and future lost earnings and super
  • Care, future treatment and out-of-pocket costs

Notice of Claim for Damages, a compulsory conference, and court within 3 years if needed.

The Notice of Assessment

The Notice of Assessment is where the claims can split.

Danger

Don’t sign a lump sum offer before advice.

Once your injury stabilises, WorkCover assesses your permanent impairment and may offer a lump sum. What you can do next depends on the rating.

  • Under 20%Taking the lump sum ends your right to claim damages against your employer. The choice can’t be undone.
  • 20% or moreYou can take the lump sum and still claim damages.
  • 20 business daysTo dispute the impairment rating if you think it’s wrong.
1300 529 529Talk to us before you sign anything.

How it happened

Most psychological injury at work claims in Queensland trace to four scenarios.

You will probably recognise yours below. Each can open both a WorkCover claim and a common-law action, because an employer who creates or tolerates conditions that injure a worker psychologically has usually breached its duty of care — and the resulting condition is a compensable injury under s 32 of the WCRA.

  • Workplace bullying or harassment broke you down.

    A manager who belittled you, a team that excluded you, repeated demeaning conduct that HR was told about and did nothing. The employer had a policy obligation and a common-law duty to intervene, and they did not. The resulting anxiety, depression or PTSD is a compensable injury under the WCRA, and the employer inaction is the negligence that opens the common-law claim.

    You can run: WorkCoverDamages

  • A traumatic incident left you unable to function.

    You witnessed a serious accident, a fatality, or an assault at work. The employer knew this type of event was a foreseeable risk and did not provide adequate critical incident support or psychological first aid. The PTSD or acute stress disorder that followed is compensable, and the employer failure to plan for it opens a common-law claim.

    You can run: WorkCoverDamages

  • An excessive or unmanaged workload destroyed your health.

    Chronic overwork, unrealistic KPIs, being the only one who could do the job. You told someone. You showed the signs. The employer failed to monitor workload, redistribute tasks, or provide support, even when the risk was obvious. Burnout that meets the diagnostic threshold is a compensable psychiatric injury under the WCRA.

    You can run: WorkCoverDamages

  • A physical injury caused you a serious psychological sequela.

    Your physical injury healed, but the anxiety, the chronic pain disorder, the sleep disruption, and the depression did not. Psychological conditions flowing from a primary physical injury are compensable as part of the same claim, and they affect every head of loss in your common-law damages. We quantify both.

    You can run: WorkCoverDamages

Straight after the injury

Four things to do straight away.

  1. Report it

    Tell your employer, and make sure it’s written in the register of injuries.

  2. See a doctor

    Ask for a work capacity certificate. You need one to lodge your WorkCover claim.

  3. Lodge within 6 months

    Your WorkCover application, from when your entitlement arises.

  4. Keep records

    Photos of the site and injury, witness names, pay slips and receipts.

Time limits

Five time limits that decide what you can claim.

Miss the first one and the WorkCover claim can be refused. Miss the last and the damages claim is gone.

Notice
  1. 6 monthsLodge your WorkCover applicationWithin 6 months after your entitlement to compensation arises, usually when a doctor first assesses the injury.
  2. 20 business daysWorkCover decidesThe insurer aims to decide your application within this period after it is lodged.
  3. 3 monthsReview a rejected claimApply to the Workers’ Compensation Regulator for a review of the decision.
  4. 20 business daysDispute your impairment ratingAfter your Notice of Assessment arrives, if you think the rating is wrong.
  5. 3 yearsStart court proceedings for damagesFrom the date of the injury, after the pre-court steps. Start early: those steps take time.

What you can claim

Two claims cover different losses.

WorkCover

What WorkCover pays

  • Weekly payments while you can’t work
  • Medical, hospital and pharmacy costs
  • Rehabilitation and return-to-work support
  • Travel for treatment
  • A lump sum for permanent impairment
  • Death benefits for dependants
Damages

What a damages claim covers

  • Pain, suffering and loss of enjoyment of life
  • Past and future loss of earnings
  • Lost superannuation
  • Paid care and assistance
  • Future treatment and out-of-pocket costs
  • Interest on past losses

Statutory limits apply to damages, and WorkCover benefits already paid are refunded from them.

How we run your claims

Five steps. Both claims. One team.

  1. Step 1

    No-obligation first consultation

    We check whether one or both claims apply, and what each is likely to cover.
    WorkCoverDamages
  2. Step 2

    WorkCover application

    Lodged with your medical certificate, well inside the 6 months.
    WorkCover
  3. Step 3

    Damages case built early

    Site evidence, witnesses, engineering and medical reports, while WorkCover runs.
    Damages
  4. Step 4

    Notice of Assessment

    We compare the lump sum with your damages claim before you choose.
    WorkCoverDamages
  5. Step 5

    Conference, then court if needed

    Many claims resolve at the compulsory conference. If not, court proceedings start within the 3 years.
    Damages

Costs

What it costs you.

Notice

No win, no fee* on damages claims

If your damages claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.

  • No-obligation first consultation

    You decide whether to go ahead once you know your options and the likely costs.

  • Everything in writing

    Fees and outlays for each claim are set out in a costs agreement before we start.

  • Capped at 50%

    Our professional fees are capped at 50% of what you recover, after refunds and outlays (Legal Profession Act 2007 (Qld) s 347).

Questions

Straight answers to the questions you have right now.

You must lodge within 6 months of the injury or the date you first became aware that your condition was work-related. There is discretion to extend in some circumstances, but you should act immediately.

Guides that go further.

Hurt at work?

Talk to a lawyer before you sign anything WorkCover sends you. There’s no obligation to go ahead.

General information only, not legal advice about your situation. No win, no fee* applies to damages claims: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.