Workplace mental health is receiving increasing attention across Australia, and Queensland is no exception. If your job has caused or significantly worsened a psychological condition, you will be entitled to lodge a workers’ compensation claim.
This article explains how psychological injury claims work under Queensland’s workers’ compensation system, what injuries are covered, and what steps you need to take if you're struggling due to work-related stress, trauma or harassment.
You may also find our earlier blog, “Compensation for workplace bullying and harassment”, interesting or useful.
A psychological injury is a mental health condition that affects your ability to work. Injuries and illnesses may include:
There are many ways a job can impact mental health. Common causes of psychological injuries include:
The Act which governs workers’ compensation claims in Queensland (called the Workers’ Compensation and Rehabilitation Act 2003) provides that to be eligible to claim compensation for an injury (physical or psychological), the injury had to have arisen out of, or in the course of employment, and employment needs to have been a ‘significant contributing factor’ to the relevant injury.
Not all psychological injuries are accepted under workers' compensation. In Queensland, an injury that satisfies the above criteria can still be rejected if it arose out of reasonable management action carried out in a reasonable way. Examples provided in the Act include:
Below are the steps you need to follow:
Notify your employer as soon as possible. Whilst it is not a strict requirement to report your mental injury to your employer, it is important to take some action to report the circumstances of your injury to someone in management.
Having a ‘contemporaneous’ record of your mental injury will usually be very helpful in having any compensation claim you might subsequently bring, being accepted by Workcover Queensland (or the self-insurer).
Your GP (or if you are able, your treating psychiatrist) must assess your condition and complete the appropriate Medical Certificate to lodge with your claim.
Most doctors in Queensland will be aware of the correct /approved Medical Certificate that they need to use for a workers’ compensation claim. A simple “sick certificate” will not suffice. It’s also crucial that your doctor clearly states on the medical certificate that your injury is work-related.
You can lodge a claim with WorkCover Queensland or a self-insurer. You'll need to provide:
You can lodge your application either via email, over the phone or by completing the application form (which you can find on the Workcover website).
You generally have six months from the date of injury or diagnosis to lodge the claim.
If your psychological injury claim is accepted, you may be entitled to the following benefits:
During your claim, WorkCover may ask you to attend an IME with a psychiatrist or psychologist. This can be used to help WorkCover determine:
A key focus of the system is helping you return to safe and suitable employment. If your claim is accepted, WorkCover will work with you, your employer and healthcare providers to create a rehabilitation and return to work plan.
This may involve:
You’re not expected to return to full duties immediately—only when it’s safe and appropriate to do so.
Psychological injury claims are sometimes more complex than physical ones and are, unfortunately, more likely to be disputed. Common reasons a claim may be denied include:
If your claim is rejected, you have the right to request a review through the Workers’ Compensation Regulator.
Very strict time limits apply, so it's important to act immediately you receive a decision you are not satisfied with.
You can read more about appeals in our earlier blog, “Appealing a workers’ compensation decision by WorkCover Queensland”.
If you believe your employer was negligent and this caused your psychological injury, you may be able to pursue a common law claim. This is separate to the statutory compensation system and can provide damages for:
Psychological injuries can be just as serious and life-altering as physical injuries. Queensland’s workers compensation system does provide support—but navigating it can be complicated, especially when mental health is involved.
If you're suffering mentally because of your job, don’t ignore the signs. Early reporting and medical support are key. Legal advice can also make a difference, especially if your claim is complex or disputed.
If you’re experiencing any issues with your workers’ compensation claim due to psychological illness or injury (for example, claim denied, weekly payments ceased, medical expenses not covered), you should seek legal advice early. We have significant experience in claims under the Queensland WorkCover scheme and offer an initial free consultation – so, it costs you nothing to find out where you stand.
Compensation Lawyers Brisbane & Darwin
This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact us.