If you sustain a psychological injury at work and receive a diagnosis, you may be eligible for workers’ compensation benefits to assist with your recovery and reintegration into the workplace.
Where can I get support now?
Seeking immediate help and treatment can aid in your recovery.
If you are filing a psychological injury claim, you may be eligible for insurer-funded psychological treatment while your claim is under review. Your treating doctor can guide you in choosing the most suitable treatment.
You can access free support services at any stage—before, during, or after filing your claim.
- Lifeline: A 24-hour crisis support and suicide prevention service. Contact 13 11 14 or lifeline.org.au.
- Workers’ Psychological Support Service: A free, independent, and confidential service that assists workers with work-related psychological injuries by connecting them to community resources. Contact: 1800 370 732 (9AM to 5PM) or wpss.org.au.
Where can I get help to make a claim?
For information or assistance with filing a claim, you can reach out to:
- a personal injury lawyer
- a workplace relations advisor or union representative
- the Workers’ Compensation Information & Advisory Service, a free and independent service for workers. Contact: 1800 102 166 or wcias.org.au
- your workers’ compensation insurer (like WorkCover Queensland)
You can also seek assistance from a friend, family member, or support person during the claims process.
How are psychological injury claims decided
Your insurer will review all relevant information and medical opinions to determine the cause of your injury.
In order for your psychological injury claim to be evaluated by your insurer, you must provide evidence of the following:
- Psychological injury: A medical professional has diagnosed you with a psychological injury.
- Work-related: Your psychological injury must have occurred as a result of, or during, your employment.
- Contributory factor: Your employment substantially contributed to the injury, or the injury occurred during a scheduled break or while commuting to or from work.
- Reasonable management action exclusion: Your injury must not have been caused by reasonable management action taken in a reasonable way. NB This doesn’t apply if you are a first responder or other eligible employee (as defined by the Workers’ Compensation and Rehabilitation Act 2003 (Qld)) diagnosed with PTSD by a psychiatrist.
How is the ‘management action’ exclusion approached?
If ‘management action’ is determined to be a significant contributing factor to your injury, then in deciding whether to accept your claim, the workers’ compensation insurer will have to consider:
- Whether the management action was reasonable; and
- Whether the management action was taken in a reasonable way.
The workers’ compensation insurer will evaluate it based on the facts rather than subjective opinions or feelings. You have the right to request information from your insurer regarding how this decision was made.
What is ‘management action’?
‘Management action’ does not encompass all actions or statements made by a manager in the workplace.
Management action involves the decisions and actions taken by an employer to oversee their employees, such as:
- setting standards and offering feedback
- investigating complaints
- taking disciplinary action
- making decisions on promotions, transfers, leave, work methods or organisational adjustments.
What is ‘reasonable’ management action?
Management action may be reasonable even if it’s not perfect.
To determine if management action was ‘reasonable’, your insurer considers these factors:
- Why the management action happened
- How the management action was taken
- Other factors happening around that time
- The outcome after the management action
What is ‘in a reasonable way’?
To determine if management actions were taken ‘reasonably,’ your insurer evaluates:
- your personal circumstances and characteristics
- the situation and context, including any cultural factors
- how quickly the employer acted and whether there were any unreasonable delays
- whether policies and procedures were followed, and if not, was this reasonable given the circumstances
- fairness (e.g., length of notice before meetings, allowing support people to attend meetings, giving you a chance to respond)
- The manager’s behaviour, including language and tone.
Reasonable management action in practice
Court and tribunal decisions demonstrate how ‘reasonable management action taken in a reasonable way’ is interpreted. The approach can vary over time. Your insurer will examine decisions from similar situations to determine its relevance to your claim.
Here are past examples:
- Performance management – reasonable management action carried out in a reasonable way: Khan v WCR [2023] ICQ 002 (Industrial Court of Queensland
- CLAIM – Psychological injury from being placed on a performance management plan.
- FACTS – The employer’s written policies outlined steps to improve employee performance. Evidence showed the worker’s performance did not meet required standards and management actions followed relevant policies. Management addressed ongoing underperformance promptly with offers of assistance but were unable to raise the worker’s performance to the necessary standard.
- DECISION – The employer’s implementation and continuation of a performance management plan was considered a management action. Evidence indicated that the employer adhered to written policies, responded promptly and provided support. Consequently, the management action was determined to be reasonable and executed in a reasonable manner. The claim was not upheld.
- Workplace bullying – reasonable management action not carried out in a reasonable way: King v WCR [2000] QIRC 180 (Queensland Industrial Relations Commission)
- CLAIM: Psychological injury arising from bullying and harassment by a supervisor.
- FACTS The employee expressed concerns regarding a supervisor’s behaviour and conduct during two meetings. Witnesses reported that the supervisor’s tone and manner were described as ‘aggressive’ and ‘humiliating’ and that the supervisor reprimanded the employee severely. When the employee attempted to provide an explanation, the supervisor interrupted and stated that no excuses were acceptable.
- DECISION While the employer’s choice to hold two meetings was deemed reasonable management action, evidence from witnesses indicated that the supervisor did not implement these actions reasonably. Therefore, the claim was accepted.
- Redundancy – not reasonable management action and not carried out in a reasonable way: Scott v WCR [2021] QIRC 110 (Queensland Industrial Relations Commission)
- CLAIM – Psychological injury due to management’s handling of termination and redundancy.
- FACTS – The employee was summoned to a brief meeting during which management informed him that his position was redundant and that his employment was terminated, effective immediately. While the worker had been informally made aware of several complaints, he was neither informed that his job was at risk nor given a substantial opportunity to respond or improve performance. The unexpected meeting did not permit the presence of a support person and provided the employee no opportunity to influence the outcome. Additionally, no redeployment opportunities were offered or discussed.
- DECISION – The employer was obligated to consult with the employee prior to making the redundancy decision, but failed to do so, rendering the management action unreasonable. Furthermore, the manner in which the meeting was conducted exacerbated the unreasonableness of the action. Consequently, the claim was accepted.
- Disciplinary process – reasonable management action carried out in a reasonable way: Read v WCR [2017] QIRC 72 (Queensland Industrial Relations Commission).
- CLAIM – Psychological injury resulting from a disciplinary meeting.
- FACTS – The employee received an invitation to a disciplinary meeting with one day’s prior notice. The meeting took place in a private room, attended by the employee’s legal counsel. Allegations against the employee were presented in writing and verbally during the meeting. The employee was afforded seven days to provide a response. The final decision resulted in a written warning.
- DECISION – The meeting and conduct of the meeting were found to be reasonable management action, taken in a reasonable way. The claim was not accepted.
How can I help support my psychological injury claim?
To support your claim, you should promptly provide information to your insurance company that:
- Clearly states the cause(s) of your psychological injury
- Demonstrates how the cause is related to your work
- Demonstrates that the cause of your injury is genuine
- Provides a medical opinion that supports your diagnosis and claim
The information provided should be accurate and clearly detail the who, what, where and when of the events leading to the injury.
Examples of documentation to substantiate your claim and demonstrate the cause(s) of your injury include:
- Medical: medical certificates, medical reports or notes
- Factual: policies, procedures, emails, reports, file notes, interview transcripts or witness statements
Your insurer might investigate or gather information, including medical reports. The insurer must provide you with a copy of any new, significant information for your comment before making a decision on your claim.
They may provide your employer with any new, significant information for their input.
What if my claim is denied?
If you are not satisfied with the decision, you may request a review within three months by applying to the Workers’ Compensation Regulator (Regulator). The review process is not conducted in court. There is no fee for applying.
It is recommended that you seek legal advice from an expert personal injury lawyer to assist you with lodging the Application for Claim Review with the Workers’ Compensation Regulator, as the way your claim is formulated can make a significant difference to the outcome.
For more information go to https://www.worksafe.qld.gov.au/claims-and-insurance/compensation-claims/claim-process/what-if-my-claim-isnt-accepted-or-stops.
The Regulator operates independently of the workers’ compensation insurer.
If you have feedback or complaints about the handling of your claim, please contact the workers’ compensation insurer. WorkCover Queensland has a dedicated complaints department, separate from the claims advisor handling your claim: https://www.worksafe.qld.gov.au/contact/give-a-compliment-or-complaint.
If your complaint remains unresolved, you can report it to the Regulator. For more information, please speak with an expert personal injury lawyer or your workers’ compensation insurer or contact the Regulator on 1300 738 197.
