Written by Carter Capner Law

Updated on April 4, 2025

This article provides general educational information only and does not constitute legal advice. It is intended for workers in Queensland, Australia. For personalised legal guidance, consult a qualified solicitor or your union representative.

Workplace bullying doesn’t always leave visible bruises — but it can cause serious psychological harm. If you’ve developed anxiety, depression, or stress-related illness because of mistreatment at work, you may be entitled to compensation under Queensland’s workers’ compensation laws. This guide explains how bullying becomes a legal injury and what steps you can take to claim.

1. What Is Workplace Bullying?

Under Queensland law, workplace bullying occurs when a person or group repeatedly behaves unreasonably towards a worker, and that behaviour creates a risk to health and safety — including mental health.

Example Behaviours Impact on Workers
Repeated yelling, threats, or insults Leads to chronic stress or fear of going to work
Deliberate isolation or exclusion Feelings of rejection and anxiety
Unfair workloads or impossible deadlines Burnout, physical exhaustion, panic attacks
Spreading lies, rumours or humiliation Damaged self-esteem, depression

“Bullying doesn’t have to be physical. If it’s repeated, targeted, and harmful — it’s legally serious.”

One-off incidents aren’t usually considered bullying, but repeated patterns of hostility can give rise to a workers’ compensation claim if they cause psychological injury.

2. When Does Bullying Become a Legal Injury?

It becomes a legal matter when bullying results in a diagnosable psychological condition — for example, clinical depression, anxiety disorder, PTSD, or an adjustment disorder.

⚠️ To claim for psychological injury in QLD:
You need a diagnosis from a medical practitioner AND a clear link to your work environment.

It’s not enough to say “my manager made me miserable.” You must show that work-related bullying directly caused (or significantly worsened) your mental condition.

Here’s how that’s usually proven:

  • Statements from medical professionals
  • Workplace complaints or emails about bullying
  • Witness accounts
  • Timesheets or performance reviews showing changes after bullying started

3. Am I Eligible to Claim Workers’ Compensation?

If you work in Queensland — whether full-time, part-time, or casual — and have been diagnosed with a work-related psychological condition, you may be eligible to claim under the Workers’ Compensation and Rehabilitation Act 2003 (Qld).

Eligible Not Eligible
Employees (including casuals) Independent contractors (unless explicitly covered)
Apprentices and trainees Volunteers (in most cases)
Diagnosed psychological condition Undiagnosed or mild emotional stress
Link to work-related bullying Stress caused by personal or non-work issues

Important: Normal management action taken in a reasonable way (e.g. performance reviews, disciplinary action) is not considered bullying under the law.

4. How to Claim for Psychological Injury in Queensland

WorkCover Queensland manages most psychological injury claims. The process involves several steps:

Step Action
Step 1 See a GP or psychologist and get a formal diagnosis.
Step 2 Ask your doctor to complete a Work Capacity Certificate.
Step 3 Lodge a claim with WorkCover QLD or your self-insured employer. Claims can be made online or via your doctor.
Step 4 WorkCover assesses the claim. This may involve interviews, medical reports, and employer response.

Decisions usually take up to 20 business days. If approved, you may be entitled to:

  • Weekly compensation (income replacement)
  • Medical and psychological treatment costs
  • Rehabilitation and return-to-work programs

5. What Happens If My Claim Is Rejected?

Psychological injury claims are complex — and often challenged by employers. Many are rejected on the basis that the injury arose from “reasonable management action.”

✋ If your claim is rejected:
You have the right to request a review through the Workers’ Compensation Regulator within 3 months of the decision.

You can also:

  • Request an internal review from WorkCover Queensland
  • Appeal to the Queensland Industrial Relations Commission (QIRC)
  • Speak to a lawyer about other possible claims (e.g., breach of duty of care, anti-discrimination)

Time limits apply, so it’s best to act quickly if you’ve been denied.

6. Can I Claim for PTSD, Anxiety or Depression?

Yes — but only if your condition is clinically diagnosed and clearly linked to workplace bullying.

Diagnosable Conditions Eligible for Claim?
Major depressive disorder ✅ Yes
Generalised anxiety disorder ✅ Yes
PTSD (Post-traumatic stress disorder) ✅ Yes
Temporary workplace stress (undiagnosed) ❌ No
Disputes over performance reviews ❌ Not unless bullying is involved

If you’re unsure whether your situation qualifies, speak to a mental health professional or workers’ compensation lawyer before lodging a claim.

7. Should I Get Legal Help?

While you can lodge a claim on your own, psychological injury claims are frequently denied or delayed. Legal advice can significantly improve your chances — especially if:

  • You’ve already had a claim rejected
  • Your employer is disputing your version of events
  • You’re unsure whether the bullying meets the legal definition

A lawyer can help you collect evidence, prepare documentation, and represent you in appeals or hearings. Many firms operate on a no-win, no-fee basis for workers’ compensation claims.

Tip: You can also contact your union (e.g. TWU, CPSU, QTU) for free legal support or referrals.

8. Final Checklist: What You Need to Claim

  • ✅ Medical diagnosis (e.g. anxiety, PTSD, depression)
  • ✅ Proof the condition is linked to workplace bullying
  • ✅ A Work Capacity Certificate from your doctor
  • ✅ Claim lodged through WorkCover QLD
  • ✅ Support from legal or union professionals if needed

Taking the first step can feel overwhelming — but claiming compensation is your legal right. Your mental health matters just as much as your physical health.