Compensation options for workplace sexual harassment or assault QLD
Workplace sexual harassment or assault can cause serious psychological, emotional and financial harm. In Queensland, there are several legal pathways which allow victims to seek compensation, depending on the nature of the conduct, its connection to work and the impact on health and employment.
This article explains the key compensation options available in Queensland for workplace sexual harassment or assault and when legal advice may be important.
What is workplace sexual harassment or assault?
Sexual harassment and sexual assault are distinct, but related forms of potential unlawful conduct.
Sexual harassment involves unwelcome sexual behaviour that a reasonable person would expect to offend, humiliate or intimidate. Sexual assault involves non-consensual sexual contact and will usually be considered a criminal offence.
In Queensland, these behaviours may occur:
- in the workplace itself;
- at work functions, conferences or training sessions;
- during work-related travel or accommodation;
- through work-related communications, including emails and messaging platforms.
Employers in Queensland have obligations under both state and federal law to take steps to provide a safe workplace, which includes preventing sexual harassment.
Workers’ compensation claims in Queensland
A primary compensation pathway in Queensland is a workers’ compensation claim under the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
If workplace sexual harassment or assault causes a psychological injury, such as anxiety, depression or post-traumatic stress disorder (PTSD), you will be entitled to make a claim for workers’ compensation.
A successful claim can provide:
- weekly payments for lost income;
- payment of medical, psychiatric and psychological treatment;
- lump sum compensation for permanent impairment.
The injury must arise out of or in the course of employment, and work must be considered to be a ‘significant contributing factor’ to the development of the injury. The relevant conduct does not need to occur during normal work hours, as long as there is a sufficient connection to work. Claims that involve circumstances outside of the normal workplace and/or work hours can be complex, so legal advice at the outset is recommended.
Further reading
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- A guide to workers’ compensation weekly payments Queensland
- WorkCover lump sum compensation claims Queensland
Psychological injury and WorkCover Queensland
WorkCover Queensland assesses whether a psychological injury is work-related.
Claims are sometimes disputed, where the employer might argue:
- the injury was caused by non-work factors;
- the condition arose from reasonable management action;
- there is insufficient medical evidence.
Independent medical evidence and early legal advice can be important in these cases.
Further reading
Common law damages for workplace sexual harassment or assault
In some instances where there is an accepted statutory claim, a common law damages action may be available.
A common law claim allows an injured worker to seek damages due to the negligence of the employer in failing to provide a safe place/system of work.
Common law damages will include compensation for:
- pain and suffering;
- past and future loss of income;
- past and future medical and treatment expenses; and
- in some more serious cases, the cost of care (past and into the future).
Very strict time limits and certain thresholds apply to common law claims in Queensland, so acting as early as possible can be crucial to the prospects of succeeding with the claim.
Further reading
Anti-discrimination claims in Queensland
Queensland’s Anti-Discrimination Act 1991 (Qld) provides another pathway for compensation following workplace sexual assault or harassment.
Complaints are made to the Queensland Human Rights Commission (QHRC) in relation to sexual harassment.
Possible outcomes include:
- compensation for economic loss;
- compensation for hurt, humiliation or distress;
- non-financial outcomes, such as apologies or policy changes.
These claims are often resolved through conciliation before the need to consider formal proceedings and a court hearing.
Victims of crime compensation in Queensland
If the conduct amounts to sexual assault (a criminal offence), victims may be eligible for financial assistance under Queensland’s victims of crime scheme.
In Queensland, victims can apply for limited financial assistance through the Victims of Crime Assistance Queensland scheme.
This assistance may include:
- counselling and psychological treatment;
- medical expenses;
- recognition payments for the impact of the offence.
A criminal conviction is not required, but the offence must usually be reported to police.
Can multiple compensation pathways apply?
In Queensland, more than one compensation pathway may be available.
For example, a person may be entitled to:
- workers’ compensation for psychological injury; and
- victims of crime assistance for counselling and recognition payments.
However, you cannot “double dip” – that is, compensation cannot be duplicated for loss or harm from the same event. This is the case especially if the injured worker is considering a common law claim and applying for compensation via the QHRC.
Time limits in Queensland compensation claims
Time limits differ depending on the pathway:
- Workers’ compensation claims should be lodged as soon as possible after injury is sustained, but not later than 6 months (from date of injury);
- Anti-discrimination complaints have strict filing periods;
- Common law claims are subject to strict limitation periods and other mandatory procedural steps.
Delays can reduce or disentitle an injured worker from being able to bring a claim for compensation, so, again, seeking legal advice about all available options and then acting early can be crucial.
When legal advice may be important
Legal advice may be particularly important if:
- you have stopped work or reduced hours due to psychological injury;
- WorkCover (or a self-insured employer) has rejected your claim;
- multiple compensation options may apply;
- you are unsure which pathway is most appropriate.
Early advice can help protect entitlements and manage overlapping claims.
Frequently asked questions
Can I claim compensation if the conduct happened outside normal work hours?
Yes. In Queensland, conduct connected to work, such as at work events or during work travel, may still support a compensation claim. This is a particularly complex area of workers’ compensation law, so early advice from an experienced lawyer is recommended.
Do I have to report the conduct to my employer first?
Not always. Some claims, including victims of crime assistance, do not require internal reporting where it is unsafe or unreasonable. But at the very least, you need to report the conduct to someone as soon as you feel you can, but unfortunately, it will be necessary to report it officially as soon as possible.
Can I claim if there was no physical injury?
Yes. Many ‘pure-psychological injury’ claims are brought in Queensland every year. In 2025, ‘pure psychological injury claims’ comprised 38% of total workers’ compensation claim costs in Australia.
What if the perpetrator no longer works with me?
It does not matter whether the perpetrator still works with you. Your entitlement to seek appropriate compensation is a right that you have and is not compromised by the circumstances of the perpetrator.
Will making a claim put my job at risk?
The law provides protections for victims of sexual harassment/abuse, including in respect of their job security.
Get help from a personal injury lawyer
Workplace sexual harassment or assault can have serious consequences. Queensland law provides several compensation options, but the correct pathway depends on the circumstances. Understanding these options and obtaining early legal advice can help victims focus on recovery while protecting their compensation entitlements.
Contacting Cameron Hall Lawyers
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.