WorkCover Claims for Psychological Injuries
If your mental health has been affected by work, you may be entitled to compensation. We’ll guide you through the process with care and clarity.
More Information
Recognised Conditions
Depression, anxiety, PTSD, adjustment disorder and more
Work Connection
Must be linked to bullying, trauma, unsafe environment
Barriers
Insurers often reject claims as “management action”
How We Help
Free consultation, clear advice, strong representation
What counts as a Psychological Injury?
Under Victorian law, a psychological or psychiatric injury must be more than just feeling stressed or upset at work. It must be a recognised medical condition that affects your ability to function day-to-day.
These can include:
Depression
Anxiety disorders
Post-traumatic stress disorder (PTSD)
Adjustment disorder
Other diagnosed psychological conditions
To qualify for WorkCover, your condition must also be formally diagnosed by a registered medical practitioner, such as your GP, psychologist, or psychiatrist.
When work is responsible
Your injury must be caused or made worse by your work. This can include bullying, harassment, exposure to trauma, violence, unfair workloads, or unsafe environments.
If your mental health has been harmed at work, you may have a valid claim.
FAQ
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To have your psychiatric injury claim accepted, the following elements must be established:
1. You Have a Clinically Recognised Mental Injury
You must provide medical evidence of a diagnosed mental condition that is more than a normal or reasonable emotional response to work-related stress. The condition must result in a functional impairment and be supported by medical documentation.
2. Your Employment Was a Significant Contributing Factor
You must demonstrate that your employment caused or significantly contributed to the development or aggravation of your psychiatric injury.
This may include circumstances such as:Workplace bullying or harassment
Exposure to traumatic incidents
Occupational violence
Excessive workload or unreasonable performance expectations
A hostile or unsafe work environment
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WorkCover insurers often reject psychological injury claims by arguing that the injury was caused by “reasonable management action.” This means things like performance reviews, disciplinary procedures, demotion, dismissal, or decisions about promotions, transfers, or workload.
If your injury came mainly from fair and properly handled management action, your claim may be excluded. However, this rule is often misapplied, and many valid claims are rejected unfairly.
Your claim may still succeed if your injury had more than one cause, if the management action itself was unreasonable, or if it was carried out in an unfair or inappropriate way. In fact, employers are often found not to have acted as reasonably as they should.
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The success of a WorkCover psychological injury claim often depends on the quality of evidence you can provide. Useful evidence may include a WorkCover Certificate of Capacity confirming your condition, medical reports from your psychologist or psychiatrist, and your own written statement about what happened at work and how it affected you. Workplace documents such as incident reports, HR correspondence or emails can also help, along with witness statements from colleagues who saw what took place.
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WorkCover can provide weekly payments, medical expenses, and in some cases lump sums for permanent impairment or common law damages.
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Generally, you should act as soon as possible. Strict time limits apply, so early legal advice is vital.
How we can help…
At Bastion Legal, we support workers with psychological and psychiatric injuries in making successful WorkCover claims.
We provide clear advice on eligibility, prepare and lodge claims, collect strong medical evidence, and challenge rejected claims through conciliation, the Medical Panel, or court.
With compassion and professionalism, we help you secure the compensation and support you deserve.
“The team at Bastion Legal were extremely professional and compassionate. Highly recommend…”
- Tom
Contact us
You don’t need to face WorkCover alone.
Contact us today for a free consultation and let us help you take the next step with confidence.
