Workers Compensation Mental Health Claims

If you’ve developed a mental health condition because of work, you’re entitled to a workers compensation payout.

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Do I have a workers compensation claim?

When we think of workers compensation claims, we usually think of physical injuries. But claims for psychological and mental health injuries now make up a significant proportion of all workers compensation claims — and that number is steadily increasing.

If you’ve developed a mental health condition as a result of your work, you may be eligible for workers compensation.

Nearly all mental health conditions are covered, it doesn’t matter:

Whether you’re a part-time, full-time, or casual worker.
If you’re a subcontractor (in most cases).
If your condition was pre-existing (as long as it was made worse by your job).

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What mental health conditions can I claim for?

You can make a workers compensation claim for any recognised mental health condition caused (or exacerbated) by workplace stress, harassment, bullying, or assault. This extends to instances where witnessing a traumatic event has led to a mental health condition.

We have over 25 years’ experience helping workers file claims for mental health conditions. Some of the most common include:

Depression
Anxiety

Adjustment disorder
Post-Traumatic Stress Disorder

If you’re experiencing a mental health condition because of work, it’s important to get help and treatment. The Black Dog Institute provides resources for anyone experiencing depression, anxiety and other psychological conditions.

If you need medical treatment, home assistance, or are losing income because you can’t work, we’ll help you secure the financial assistance you need. Contact our lawyers today for free advice on whether you have a claim and how much compensation you’re entitled to.

How to start your mental health claim

Starting your mental health claim may feel overwhelming, but these four steps will get you on the path to compensation:

In most cases, your employer needs to be notified in writing about your mental health condition within a set time limit. This time limit varies between states; for example, in NSW, you must notify your employer within 30 days, or your claim may be rejected. At this time, we also recommend you get a claim form from your employer.

If you haven’t seen a GP or psychiatrist about your mental health condition, it’s crucial to get a formal diagnosis before filing a claim. They will ensure you get the treatment you need and provide a medical certificate to support your claim.

Once you have your medical certificate, file your claim with your employer. Depending on your state, you may be eligible for ‘provisional payments’ while the insurer assesses your claim. These provide basic compensation and usually begin seven days after you inform the insurer about your injury. For example, in NSW, provisional payments cover:

Up to 12 weeks of lost income.
Up to $7,500 for necessary medical treatment.

Once the insurer accepts your claim, you should start receiving your full weekly payments within seven days. If the insurer delays or denies your claim, we strongly suggest speaking to an expert workers compensation lawyer.

In our experience, insurers can be unfair to unrepresented workers, often delaying or denying claims on unreasonable grounds. If your claim is delayed, our team has the experience to step in and apply pressure on the insurer to resolve your claim faster.

If your claim has been denied, we’ll help you dispute that determination. As part of that process, we’ll gather additional medical reports, witness statements, and expert testimonies to strengthen your claim and improve your chances of success. Over the years, we’ve helped hundreds of clients with work-related mental health issues obtain their full benefits.

Proving your mental health claim

To make a workers compensation claim for a mental health condition, you’ll need to prove three things:

This must be diagnosed by a GP, psychiatrist, or other relevant mental health practitioner.

You need to provide evidence that your mental health condition occurred during your employment and that your work was a substantial contributing factor to its development.

If your condition is pre-existing, you may still have a claim if you can show that work was a significant contributing factor. For instance, if you were diagnosed with anxiety before starting your job and workplace bullying exacerbated it, you may still be eligible for workers compensation.

This can include an inability to return to work or requiring medical treatment.

How much compensation will I get?

Your weekly workers compensation payment covers lost wages and medical bills. If you’re permanently impaired, you may also receive a lump sum payout.

Most workers compensation claims typically include several basic entitlements:

Weekly payments to cover lost earnings (up to 95% of your pre-injury income).
Coverage for hospital and medical expenses.
Access to rehabilitation, counselling, and other support services.
Reimbursement for travel expenses.

You may be eligible for an additional lump sum payment if your injury is permanent.

In most states, this involves having your Whole Person Impairment (WPI) assessed, which is the percentage of total impairment you’ve suffered because of your injury. The amount of compensation you receive is based on your WPI, and you’ll usually need to meet a minimum threshold before you’re entitled to claim.

State	Minimum WPI for mental health conditions
New South Wales	15%
Victoria	30% or a ‘serious’ injury
Queensland	1%
Tasmania	10%
Australian Capital Territory	No minimum WPI required
Western Australia	No minimum WPI required

In Queensland, though there is an extremely low impairment threshold, your percentage of impairment will impact how much compensation you receive. In the ACT and Western Australia, there is no minimum WPI required. Instead, they offer a set amount of compensation based on your type of injury.

To learn more about lump sum payments, see our guide to workers compensation claims for permanent impairment. There you’ll find the exact requirements for securing a lump sum payment in your state.

If your insurer offers you a lump sum payment, it’s crucial to get expert legal advice before you accept. A specialist workers compensation lawyer can assess the fairness of the offer and negotiate a higher settlement if needed.

How much does it cost to make a claim?

Absolutely nothing. Your workers compensation claim is government-funded by the Independent Review Office (IRO), so you will never receive a bill from us for the work we do on your claim.

If your impairment is permanent, you may have an additional claim such as TPD. While additional claims are not covered by the IRO, you’re still protected by our No Win No Fee guarantee.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Leon Monaco

Managing Partner

English
Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence

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Medea Hanna

Senior Associate

English
Workers Compensation, Comcare, Dust Disease

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Jamie Palivos

Associate

English
Workers Compensation

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Meet more of the team

Frequently asked questions

All Open

Time limits apply to all mental health workers compensation claims.

First, you must report your condition to your employer when it happens (or as soon as possible). At this time, we suggest speaking to a specialist workers compensation lawyer to discuss your rights.

After this, your claim must be filed within a set time limit:

NSW, QLD, SA and TAS	6 months of the incident that caused your condition.
VIC	30 days of the incident that caused your condition.
WA	12 months of realising you have a mental health condition.
NT	6 months of the incident that caused the mental health condition or developing the condition.
ACT	3 years of realising you have a mental health condition.

If you’re outside this time limit, you still have options — just speak to our lawyers today. We have successfully resolved many delayed claims for our workers compensation clients over the years.

You can receive up to 95% of your pre-injury weekly earnings, which includes benefits like overtime and shift allowances. The exact amount depends on your weekly earnings before the injury.

In some cases, however, your payment may be capped at the maximum weekly compensation amount. For instance, in NSW, the maximum is currently set at $2,497.70 and is adjusted twice a year for inflation.

Additionally, if you are able to do some work, any income you earn will be deducted from your weekly compensation.

Yes, you may be eligible to claim compensation for a mental condition that arises from a physical work-related injury.

This kind of mental health condition, often termed a ‘secondary injury’, is quite common. When individuals are physically injured or debilitated, the resulting pain and loss can trigger conditions such as depression and anxiety. These mental health challenges can significantly impact a person’s ability to recover and return to work.

It’s crucial to inform your doctor, psychiatrist and employer promptly if you experience any secondary mental health symptoms due to a work-related physical injury. This ensures that your claim comprehensively addresses both your physical and mental health issues.

Yes, you could have multiple claims for the same mental health condition. Your exact entitlements depend on your state, how severely you’re injured, and whether you’re able to return to work.

As part of our comprehensive service, we identify all potential claims you may have. Over the years, we’ve found that the vast majority of our workers compensation clients are entitled to additional claims, often worth significantly more than their workers compensation payments alone.

Common law damages claims

If your employer’s negligence or carelessness caused (or partially caused) your condition, you may be eligible for a common law damages claim on top of your workers compensation claim. Each state has their own requirements for common law damages claims, but you will usually need to meet your state’s minimum impairment threshold to receive compensation.

A successful common law damages claim can result in a substantial lump sum payment. On top of your basic workers compensation benefits, your compensation may also cover:

Future lost earnings and superannuation.
Future medical expenses, treatment, and rehabilitation costs.
Your pain and suffering (how your mental health condition negatively impacts your life).

Superannuation claims

If your condition prevents you from returning to work, you may be eligible for payments through your superannuation policy. For situations where you need a short amount of time off work, you may be able to claim income protection payments. If you’re permanently unable to work because of your condition, you may have a Total and Permanent Disability (TPD) claim instead.

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Based on 265 reviews on Google

What our clients say

When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

4.8 out of 5

Based on 265 reviews on Google

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Australia

Today, after only 8 weeks, I got the best news: my claim was successful!

Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.

Posted by Cherie Mundkowski

Monaco helped me get much more compensation than I expected.

Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

Posted by Debby McDonald

Jamie and her team at Monaco made my tough claim easier to handle.

My workers compensation claim was a nightmare with secondary injuries being denied, and the insurer trying to deny my claim throughout the process. Jamie and her team from Monaco Solicitors have been brilliant in their professionalism and management of my claim.

Posted by Dan Luff

Dealing with workers comp issues? Monaco, especially Jamie and her team, can really help you out.

I would recommend Monaco to anyone that is on workers compensation & getting screwed by the insurance company. Jamie & her team are very professional & will do everything possible to get you your entitlements in the workers compensation merry-go-round. Give them a call.

Posted by Grant Towell

Highly recommended! I am very happy with the result.

I am very happy with the service I received from Monaco Solicitors in regards to my worker’s compensation claim. Very professional, kept me up to date throughout my claim, with a great result at the end. I highly recommend them for your workers compensation matters.

Posted by Andrew Murcott

Thank you for accomplishing so much in such a short time.

Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

Posted by Danial Anderson

I knew it from the very first phone call: I had found a compassionate law firm.

Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

Posted by Scott Holden

Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

Posted by Sarah Pagel

They helped me juggle my injury claim and my mum's full-time care.

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

Posted by Ellen Smith

I was very happy with the outcome.

I am so grateful for the professional legal representation provided by Monaco Solicitors. Ms Medea Hanna, my solicitor was efficient, knowledgeable, compassionate and she was able to resolve my matter quickly, reaching an outcome I was very happy with.

Posted by Rachel L

Leon Monaco & Team member

How we can help you

Our lawyers have over 25 years’ experience handling mental health workers compensation claims. As part of our comprehensive service, we’ll always:

Explain your rights and how much you’re eligible to claim.
Ensure you receive provisional payments as soon as possible.
Make sure you get the support, treatment and time off work you need.
Gather strong evidence of your condition to substantiate your claim.
Negotiate with the insurer on your behalf.
Appeal your claim if it’s denied or the insurer isn’t offering you a fair settlement.
Find your valuable extra entitlements, such as a lump sum or TPD benefit.
Advise you about your eligibility for common law damages.
Secure the maximum compensation for your condition.

Speak to one of our friendly lawyers

Email us 1300 769 665

Millions won for our clients

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$900,000

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