Understanding Psychological Injuries in the Workplace
Work-related psychological injuries are becoming increasingly prevalent in today’s demanding work environments. These mental health issues can arise from various factors, including workplace bullying, assaults, conflicts, violence, or sexual harassment.
The impact of such psychological injuries can be severe, affecting not only an individual’s mental health but also their overall quality of life.
Workplace trauma or bullying can cause a range of psychological conditions from either mild stress to major conditions, such as crippling
- Anxiety disorders
- Depression
- Post Traumatic Stress Disorder (PTSD)
- Other mental illnesses
If you have sustained a psychological injury as a result of your work, you may be entitled to workers’ compensation for permanent impairment. PK Simpson lawyers have a solid track record in helping psychologically injured workers overcome the 15 percent threshold necessary to get the workers’ compensation they are entitled to receive. Get in touch today.
Workers Compensation For Psychological Injuries
Workers compensation schemes are government-funded programs designed to provide financial assistance to eligible workers who suffer from work-related injuries or illnesses, whether physical or psychological.
In Australia, there are 11 workers’ compensation schemes, including three Commonwealth schemes and individual schemes in each state and territory.
In New South Wales (NSW), the workers’ compensation system provides:
- Weekly payments to partially cover your pre-injury wage (for up to five years)
- Medical treatment expenses
- Potential lump sum payments for permanent impairment
To continue receiving weekly payments beyond the five-year mark, you’ll need to undergo an assessment by a psychiatrist to determine the extent of your psychological injury.
The PIRS Criteria and WPI Assessment
To be eligible for workers’ compensation for a primary psychological injury, you need to:
- Visit your GP to have a Certificate of Capacity completed
- Submit a Work Injury Claim Form to the insurer
In NSW, the Psychiatric Impairment Rating Scale (PIRS) is used by psychiatrists to assess the severity of your psychological injury. The PIRS criteria consider various aspects of your life, including:
- Self-care and personal hygiene
- Social and recreational activities
- Travel capabilities
- Social functioning
- Concentration, persistence, and pace
- Employability
Whole Person Impairment (WPI) Explained
The assessment results in a Whole Person Impairment (WPI) rating, which measures the severity of your psychological injuries and the level of permanent impairment they’ve caused. Claimants who are assessed at or above 15 percent WPI may be eligible for:
- Ongoing weekly payments to replace lost earnings
- A lump sum payment for permanent impairment if they haven’t been able to return to work
How to Increase Your Chances of a Successful WPI Claim
There are things you can do to increase your chances of a successful claim for WPI and a lump sum compensation payment for your psychological injury.
The most critical first step in claiming compensation for psychological injuries at work is to seek medical treatment and legal advice as soon as you can. Doctor’s notes document your need for treatment for your injury and its level of severity and show what impact it is having on your life and your ability to work. This information will be vital down the track when you make your claim for possible WPI permanent impairment compensation.
Increase Your Chances Of Reaching The 15% Threshold
Keep a record of all your medical and related expenses. This record will be used, along with your doctor’s notes and any other psychological injury-related health care, to calculate your Whole Person Impairment assessment and the amount of compensation for permanent impairment you may be entitled to receive.
Psychologically injured workers ought to also keep a record of their mental injury symptoms – in a diary or journal – since this evidence will help to support a compensation claim.
Gather As Much Evidence As You Can
Workers should be supported and prepared to provide evidence of how their psychological injury occurred. If they kept a record of what happened or kept happening, dates, times and how it affected them, it is good evidence. If you have suffered workplace trauma, excessive stress, bullying, sexual harassment or violence, here are some more tips to help you overcome the 15 per cent WPI requirements for workers’ compensation claims for psychological injuries.
- Don’t go it alone. Get legal advice from experienced lawyers such as those at PK Simpson as soon as you are able.
- Keep a detailed record of your symptoms and what impact they have both on your day-to-day life and ability to work.
- You also need written support from your co-workers, family and friends who can testify to the truth of the impact your psychological injury is having on your relationships, ability to work and your daily life.
- Be prepared to advocate for your rights and for yourself.
Contact PK Simpson Lawyers Today To Get Started On Your Permanent Impairment Claim
At PK Simpson, our experienced lawyers understand the complexities of psychological injury claims and workers’ compensation law. We can:
- Provide access to medico-legal experts for accurate WPI assessments
- Guide you through the claims process to help reach the WPI threshold
- Offer compassionate and understanding legal support
- Advocate for your rights and fight for the compensation you deserve
Don’t let a work-related psychological injury control your life. Contact a workers’ compensation lawyer at PK Simpson today to discuss your case and learn more about your rights.
Call us at 1300 757 467 or visit our website to get started on your path to recovery and compensation.