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Everyone deserves to feel safe and supported at work, but unfortunately, workplace bullying and harassment are still all too common. This isn’t just a problem for junior staff; employees at all levels can find themselves facing this serious issue.
If you’ve developed anxiety, depression or another psychological condition because of workplace bullying or harassment, a workers compensation claim offers the support you need.
Your claim covers lost wages, medical expenses and rehabilitation costs. If your condition is permanent, you could also get an extra lump sum payment. Plus, if your employer’s negligence led to your condition, you could receive substantial compensation through a common law damages claim.
Don’t suffer in silence — get in touch today to better understand your rights and explore your options. Our lawyers are always ready to provide free advice tailored to your situation.
Start your free online claim check
Find out if you’re eligible for workers compensation benefits today.
Workplace bullying involves repeated and unreasonable behaviour directed at a worker (or a group of workers) that puts health and safety at risk. It’s not just limited to verbal attacks; workplace bullying can take many forms, including physical, cyber, and social bullying.
Common examples of workplace bullying include:
Racist, sexist, ageist, homophobic, or transphobic comments.
Verbal aggression.
Intimidation or humiliation.
Uncomfortable physical behaviour.
Targeted exclusion.
It’s important to understand that just feeling upset or undervalued at work doesn’t automatically mean you’re experiencing bullying — the behaviour must be repetitive and unreasonable.
What is workplace harassment?
While every state has its own anti-harassment laws, they generally define harassment as any behaviour that offends, humiliates, intimidates or creates a hostile environment.
Depending on the situation, here are some behaviours that could be considered harassment:
Verbal abuse or hurtful comments.
Offensive jokes.
Distasteful gestures.
Ignoring or isolating someone.
Initiation ceremonies that involve unwelcome behaviour.
This is by no means a complete list, just some of the most common examples.
The key point to remember is that if you find a particular behaviour offensive, humiliating, or intimidating — especially when it relates to your sex, race, age, or any other protected characteristic — it qualifies as harassment. It doesn’t matter how the harasser or anyone else perceives it; your feelings and experience are what count.
Do I have a workers compensation claim?
You may have a workers compensation claim if you’ve developed a recognised psychological condition because of workplace bullying or harassment.
Almost all workers are covered, it doesn’t matter:
Who was at fault.
Whether you're a part-time, full-time, or casual worker.
Most workers compensation claims come with several key entitlements, including:
Weekly payments to cover lost earnings (up to 95% of your pre-injury income).
Hospital and medical expenses to help you get the care you need.
Rehabilitation, counselling, and other support services to aid your recovery.
Travel expenses related to your treatment and recovery appointments.
Your weekly payments can last anywhere from 12 months to five years, depending on your state. During this time, the insurer will regularly check to make sure you’re still eligible. If you want to keep receiving payments after this period, you’ll usually need to meet a specific Whole Person Impairment (WPI) threshold, which also varies by state.
If your condition leads to long-term issues, you might be entitled to an additional lump sum payment. In NSW, this means you’ll need to have your Whole Person Impairment (WPI) assessed. If your WPI is assessed at 11% or more, you could qualify for a lump sum.
Can I sue my employer if I’m being bullied or harassed?
If your employer’s negligence led to your psychological injury, you might be able to sue your employer through a common law damages claim.
Unlike weekly workers compensation payments, a common law damages claim offers a large lump sum worth hundreds of thousands of dollars. If your condition is more serious, you could receive millions.
One big benefit of a common law claim is that — unlike workers compensation — there are no ongoing doctor visits or other insurer conditions to meet. Once you receive your lump sum, that’s it. There are no strings attached.
With so much money at stake, it’s crucial to consult a lawyer before starting your claim. We can confirm if you’re eligible for common law damages, guide you through the process, and ensure that any workers compensation settlement you receive doesn’t impact your right to make a common law claim later on.
How to prove your common law damages claim
To prove your common law damages claim, you’ll need to show that:
If you’re dealing with bullying or harassment at work, it’s usually not the employer directly causing the issue. To hold your employer responsible, you have to show that they are ‘vicariously liable’ for what their employee did.
This involves proof that the bullying or harassment happened while the employee was on the job or doing something ‘in the course of their employment’. This could mean it took place during work hours, at a work event, or even while using company tools like email.
If the bullying or harassment happened outside of work or the employee was doing something intentionally wrong, your employer might not be held responsible.
You have to show that your employer knew (or should have known) about the bullying or harassment and did not take ‘reasonable’ steps to prevent it. The court looks at what a reasonable employer should have known or done to stop this kind of behaviour.
For example, if several employees complain about bullying, the employer needs to take those complaints seriously and investigate. If they ignore these issues, they could be held accountable for what happens.
Beyond this, employers are expected to take practical steps to prevent bullying and harassment, like creating clear policies, training employees on proper workplace behaviour, and setting up safe ways for staff to report any misconduct.
Importantly, what counts as ‘reasonable’ can change based on the size and resources of the company, so each case gets looked at individually.
You have to prove that your employer’s actions (or lack of action) led to your psychological condition. This means showing two main things:
Your psychological condition directly resulted from your employer not doing enough to stop the bullying or harassment.
Your condition was something your employer could reasonably have anticipated as a result of their failure to act.
Most states have a minimum impairment threshold you’ll need to meet before making a common law damages claim. In NSW, for example, you need to have at least 15% Whole Person Impairment (WPI) to make a claim. To learn more about the impairment thresholds in your state, head to our guide to WPI in work injury claims.
Are there any other ways to get compensation?
If you’re experiencing bullying or harassment at work, school, university or another educational institution, you can file a complaint with the Australian Human Rights Commission (AHRC). This can lead to an apology, getting your job back, or securing substantial compensation.
As we’ve discussed, weekly workers compensation payments cover lost income, medical costs, and other economic losses, but these are capped by your state’s maximum limit. In contrast, an AHRC complaint offers uncapped compensation, addressing both the financial and emotional impact of your condition. This means that if the bullying or harassment has had a significant impact on your life, an AHRC complaint may offer more financial relief than workers compensation.
Before filing a complaint, it’s essential to chat with a lawyer who specialises in bullying and harassment cases. In a free consultation, we’ll help you understand both types of claims and explain which path is best for your situation. In many cases, you may be eligible for both.
For a detailed look at how an AHRC complaint can support you, visit our complete guide.
What conditions can I claim for?
You can make a workers compensation or common law damages claim for any recognised psychological condition, including:
Anxiety.
Depression.
Adjustment Disorder.
Post-Traumatic Stress Disorder (PTSD).
Unfortunately, ‘stress’ doesn’t qualify on its own — to make a claim, you’ll need to be diagnosed with a psychological condition as a result of that stress.
What should I do if I’m being bullied or harassed at work?
While every situation is unique, here are three steps you can take if you’re facing bullying or harassment at work. Remember, this is general advice, so if you’re unsure or uncomfortable with any of these steps, it’s a good idea to first consult with a workers compensation lawyer to discuss the best course of action for you.
If you feel safe doing so, it’s a good idea to let the person or group know that their behaviour is making you feel uncomfortable and disrespected. Politely asking them to stop can shed light on how their actions are affecting you and give them a chance to change their behaviour.
You could also suggest some more appropriate ways for them to interact with you in the workplace. If you choose to address the issue personally, here are a few tips to keep in mind:
Act quickly to tackle the issue.
Approach the conversation in a calm and non-confrontational way.
Clearly express how their behaviour makes you feel.
If you want to handle the situation on your own but still seek support, consider including your direct boss or someone from HR in your discussion. It can help to have that extra layer of backing.
It’s crucial to report their behaviour to your direct manager as soon as possible. Remember, if your employer isn’t aware of what you’re going through, they can’t help you out.
Each workplace has its own way of handling bullying and harassment, but you can usually report it verbally or in writing. When you make your report, be sure to include:
Who is making you feel uncomfortable, sad, or frustrated.
How often the bullying or harassment occurs.
Whether you’ve ever asked them to stop or let them know how their behaviour affects you.
If the person doing the bullying or harassing is your supervisor or manager, report the behaviour to someone in human resources instead. Reporting this behaviour is essential for getting the support you need at work, and it also serves as crucial evidence if you decide to file a workers compensation claim.
It’s smart to chat with an experienced lawyer to see what your options are. At Monaco, we offer free initial consultations, making it easy to find out what you’re entitled to and how much compensation you could receive.
Our lawyers will also look into other potential claims, like common law damages or Total and Permanent Disability (TPD). These claims are often worth significantly more than your regular workers compensation payments, helping you secure the maximum compensation for your condition.
How much does it cost to make a claim?
Absolutely nothing. In NSW, your workers compensation claim is fully funded by the Independent Review Office (IRO), so you’ll never get a bill from us.
While every case is different, your claim will probably go through the following steps:
If you’ve developed a psychological condition because of work, it’s crucial to:
Report your psychological condition to your employer as soon as possible.
Seek medical treatment and obtain a ‘Certificate of Capacity’ from your GP or psychiatrist.
Request a workers compensation claim form from your employer or insurer to start your claim.
Make sure to speak to a lawyer right away. In a free consultation, we’ll explain your options, help if your claim has been rejected, and assess your eligibility for lump sum compensation. We’ll also identify any additional entitlements or claims you may be entitled to, ensuring you get the full support you deserve.
If you choose to work with us, your personal injury lawyer will start by applying for any immediate benefits or care you need. This includes weekly compensation payments, coverage for medical expenses, and any additional support required at home, ensuring you’re looked after right from the start.
Your lawyer may need to gather medical information from your treating doctors and psychiatrists to get a clear picture of your condition and how it affects your daily life. We also tap into our network of medical experts to strengthen your case, ensuring that all the necessary evidence is in place to support your claim.
We’ll take care of lodging your workers compensation claim, managing all the paperwork, and making sure you meet any important deadlines. This way, you can focus on your recovery while we handle the legal details.
Thanks to our strong reputation and thorough preparation, the insurer is more likely to settle your claim. But if your claim is unexpectedly denied, we’ll take action and lodge a dispute to make sure you get the fair compensation you deserve.
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, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Not every negative interaction at work constitutes bullying or harassment. Here are some behaviours that typically don’t qualify:
Isolated incidents: one-off comments or actions, even if they’re rude or unkind, don’t usually amount to bullying or harassment. However, if the harassment is violent or sexual in nature, it’s possible to claim a single act of harassment.
Differences of opinion: healthy debates and disagreements over work-related matters or professional opinions are a normal part of any workplace and aren’t considered bullying or harassment.
Constructive criticism: feedback aimed at improving performance, even if it’s tough to hear, isn’t harassment if it’s delivered respectfully and professionally.
Workplace stress: challenging workloads or stress are common in many jobs and don’t automatically indicate bullying or harassment. However, if you’re stressed due to unreasonable deadlines, work hours or anything similar, you may have a workers compensation stress claim.
Personal dislike: simply not getting along with a colleague or having personal differences isn’t enough to classify as bullying unless it’s accompanied by repeated unreasonable behaviour.
Cultural differences: sometimes, what one person sees as offensive might not be perceived the same way by others due to cultural differences. It’s essential to consider intent and context.
Understanding what doesn’t qualify can help you better navigate workplace interactions. If you’re unsure whether your situation meets the criteria for bullying or harassment, speak to us today. Our lawyers can explain your rights, free of charge.
If you’ve been sexually harassed at work, you’re entitled to workers compensation. Unlike other forms of bullying or harassment, sexual harassment doesn’t have to happen multiple times for you to take action — you can make a claim based on just one incident.
This means that if something inappropriate happens, like an unwanted advance or offensive comment, you have the right to seek compensation. Your exact entitlements will depend on how severe the harassment was and how it has affected your mental health.
If you’ve faced sexual harassment at work, we’re here to support you. Our lawyers are trained to handle these cases with care and understanding, making sure you receive the compensation you deserve while minimising any disruption to your life. Your well-being is our priority, and we’re committed to helping you navigate this challenging situation with sensitivity and respect.
Yes, strict time limits apply to all bullying and harassment claims. The exact limit depends on which state you’re in.
NSW, QLD, SA and TAS
6 months after realising you have a psychological condition.
VIC
30 days after realising you have a psychological condition.
WA
12 months after realising you have a psychological condition.
NT
6 months after realising you have a psychological condition.
ACT
3 years after realising you have a psychological condition.
If you’ve missed the deadline to file your claim, don’t worry. Our experienced lawyers are well-versed in the time limit exceptions for each state and can help you navigate the process. Over the years, we’ve successfully assisted hundreds of clients in getting their delayed claims approved over the years.
How long your claim takes depends on a few factors, like the severity of your condition, the treatment you need, and — importantly — how well your claim is prepared. Usually, you can expect your claim to be resolved within 12 months after your condition stabilises, meaning it’s not likely to get any better with time or more treatment.
With years of experience under our belts, our workers compensation lawyers know how to streamline the claims process and help you get your benefits more quickly. For a better idea of how long your specific claim might take, contact us today.
If your lifting or back injury claim gets denied, you can appeal the decision. The insurer has to give you a notice explaining why they rejected your claim, and you can ask them to review their decision then.
For a successful appeal, you’ll need some solid extra evidence showing that the insurer messed up. It’s important to get legal advice before jumping into this complicated process.
Want to know more about what to expect? Check out our guide to appealing a denied workers compensation claim. Or, feel free to reach out — our specialist workers compensation lawyers are always here to give you free advice on getting your denied claim approved.
Temporary income support
While you’re going through the appeals process, you may be without any income for a while. If that happens, don’t forget to use any employment benefits available to you. Start with:
Sick leave: remember, this won’t get paid out if you leave your job, so use it while you can.
Annual leave: this can help you maintain some income during your time off.
Long service leave: if you’ve been with your employer long enough, this could be a great option too.
Income protection
You might have income protection benefits included with your superannuation policy, which can provide some temporary financial relief while you’re out of work. If you’re unsure about your income protection options or what your super benefits cover, don’t hesitate to reach out to us. Our team can dive into your policy and give you a free assessment of your entitlements.
Government unemployment benefits
You might also qualify for government benefits like JobSeeker or the Disability Support Pension. These can offer some extra financial support while you’re unable to work.
Absolutely, you can. In fact, the main goal of workers compensation is to help you financially until you’re ready to get back to work. Your legal team will walk you through the best options for your situation and support you throughout the claims process.
If you’re unable to return to your previous role, there are a few options available within the workers compensation scheme:
Suitable duties: your employer might offer you a different role that aligns better with your current capabilities.
Retraining program: you may be eligible for retraining to help you transition into a new job or career path.
Partial capacity to work: if you can work in a reduced capacity, you could still receive compensation to help make up the difference in your income.
Your employer can’t fire you or retaliate against you for reporting bullying or harassment. If you think you’ve been treated unfairly after speaking up, you can file a special type of complaint, known as a ‘discriminatory action complaint’.
Under the Workers Compensation Act, there are certain ‘protected activities’ that your employer can’t punish you for. This includes reporting workplace bullying or harassment. When you make a discriminatory action complaint, you’re claiming that your employer violated these rules.
The point of a discriminatory action claim is to get you back to where you would’ve been if your employer hadn’t retaliated against you. So, if you got fired for standing up against bullying, a successful claim could help you get your job back.
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.
Monaco’s have checked in on me on many occasions making sure that I was kept well in the loop during each step.
My TPD claim was lodged 8 weeks ago and today the news I had been waiting for arrived that it had been successful.
I can’t thank the staff at Monaco’s enough for all their expert advice and would highly recommend them to anyone in a heartbeat. The results were above and beyond what I had expected which I solely believe was due to their expertise and experience in this area.
Thank you so much Monaco for making my life that little bit easier.
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.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
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.
Every step of the way they have been there to guide and advise me of my rights. I cannot recommend them highly enough if you have a workers compensation dispute.
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.
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.
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.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
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.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
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.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
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.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
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.
Ms Chantal Marden assisted Ms Hanna and they both kept me informed every step of the way, they explained the complicated legal process, my options, possible outcomes, chances of success etc. so I could confidently make informed decisions. They both updated me regularly and I always felt they were acting in my best interest. I definitely highly recommend.
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