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Understanding Mental Health Compensation in Australia

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In Australia, individuals can make a compensation claim for numerous mental offences. Under the personal injury laws, psychological sufferings are also classified as injuries which are compensable, depending on the occasion. Overworking, bullying and mobbing, sexual and physical abuse, disregarding the Covid-19 precautions and the workplace safety regulations can lead to stress-related psychological conditions.

Mental health compensation due to severe injuries

Depending on the severity of the injuries and the accident, those who sustain psychological conditions can be awarded a compensation payout if the necessary criteria and the threshold degree are met. In workers compensation claims, the workers with 15% or more permanent whole-body impairment can demand compensation to recover their mental loss. Though the process can be managed simply with a professional representative, your psychological injuries should be assessed by a medical professional and be diagnosed as a non-minor psychological injury.

Common causes of stress-related psychological injuries

The claim and the entitlements will be examined under the laws that the accident is in compliance with. As in the nature of accidents, generally these claims are made for unintentional negligence. However, the situation shouldn’t be confused with the intentional crime-related injuries as those are examined under the Criminal Law.

All over Australia, employers, business owners, school administrations and those who are running public places that are visited regularly should maintain their businesses above the acceptable standards. As an example, the vast majority of workplace accidents occur from falls and hits by moving objects. It is expected from the businesses to avoid any foreseeable and environmental risks that can lead to such an accident. Ignoring or delaying taking precautions to eliminate risk factors is likely to make way for accidents in the long term. Under the laws, the definition of these accidents is the situation that could be prevented by a reasonable peer or any other individual/business. As stated, the negligence occurs when these accidents could be prevented by acting responsibly but occurred due to any negligent act or omission.

covid in the workplace - mental health

In psychological injuries, it is an obvious fact that a human can’t resist to mobbing, overloaded work shifts, stress due to the natural instinct of safety and threats and abuse. Throughout the Covid-19 pandemic, medical professionals have suffered from these threats and experienced major psychological disorders as a result. The employer’s duty is to eliminate and minimize potential Covid-19 exposure factors.

As the infection can cause lethal damage to those with a weaker immune system, overworking and lack of rest is a major problem in the healthcare industry. Naturally, such a fact develops major stress over time and as humans, our biological instincts are aware of these dangers. However, as we all know, it is not possible to take a week off from work whenever we want. The employer and the worker/employee can host a meeting and discuss the potential hazards and the employees’ concerns. This is called the risk management process to avoid mental harm, and puts the employer in a position to be liable in case a major health condition arises.

How can I have my psychological condition evaluated?

If you are permanently impaired due to a work-related accident, as long as you fulfil the threshold degree required by your State’s WorkCover, you may receive lump sum compensation to compensate for your primary psychological injuries. If you suffer non-minor psychological conditions as a result of mobbing, abuse, assault, overworking or any other form of negative attitude, you can request a free case evaluation by a psychological injuries lawyer. You can assure yourself that with a strong representation and great commitment, you won’t be treated unjust, and will receive the compensation that will secure your future.

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