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Can mental illness give rise to a claim for workers compensation?

I have been bullied at work and now I have depression. I have quit my job but my mental health and confidence have been shattered and I am finding it really hard to find another job. Can I seek compensation?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 12-11-2015
1 Lawyer Answered
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  1. Workers Compensation
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Shamaila Khan, Kingsville 3012 VIC

  • If the bullying was severe enough to induce a psychiatric injury then you are entitled to seek compensation. Psychiatric injuries come within the definition of ‘workplace injury’ and can include depression, anxiety and other recognised mental health disorders.
  • To be eligible for compensation you will need to demonstrate that:
    • the bullying occurred at your place of work;
    • the bullying occurred on more than one occasion or involved a series of events over a period of time; and
    • the incident involved actual bullying rather than reasonable management action.
  • Examples of bullying include:
    • offensive language or comments;
    • unjustified criticism;
    • deliberate exclusion; or
    • the withholding of information required to complete tasks effectively.
  • It should be noted that while ‘injury’ does extend to psychological injuries mere stress is not enough for a workers compensation claim.

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