So you were treated badly at work and made a complaint to HR or a tribunal.
They conducted an investigation and said the conduct you complained of did not amount to bullying or harassment.
You are still not able to work because of a psychological injury. Where does that leave you?
Well the good news is, in New South Wales, you do not need to prove “bullying” or “harassment” to make a workers compensation claim.
In order to succeed, you only need to establish:
Real events occurred at work or in connection with your work;
Your perception of those events, whether objectively reasonable or not, caused you to suffer a psychological injury; and
You have a medically diagnosed psychological injury that goes beyond mere stress or emotional distress.
Even if you had a pre-existing psychological condition, you may be able to claim if that condition has been made worse by the work related events.
The insurer may decline your claim if your injury was “wholly or predominantly” caused by "reasonable" action taken, or proposed to be taken, by your employer with respect to:
transfer;
demotion;
promotion;
performance appraisal;
discipline;
retrenchment;
dismissal; or
provision of employment benefits to workers
This is usually difficult for the employer to prove as there are often a number of events leading to an injury, not all of which will come within the areas listed above.
Also, the actions of the employer must be "reasonable", not just in terms of the decision to take action, but the manner in which that action is carried out.
So for example, while it may be reasonable to discipline someone, it is not reasonable to do it loudly in front of workmates or members of the public.
Contact us for more information.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
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