WorkCover Psychological Injury Claims

What Is a Psychological Injury Claim?

A psychological injury claim is a workers compensation claim for a mental health condition caused or significantly aggravated by your employment. This includes conditions such as anxiety, depression, post-traumatic stress disorder (PTSD), adjustment disorders, and acute stress reactions. Psychological injuries now account for a growing proportion of WorkCover claims in NSW.

Eligibility and the Section 11A Defence

Psychological injury claims are subject to a specific defence under section 11A of the Workers Compensation Act 1987. This section provides that no compensation is payable for a psychological injury that arises wholly or predominantly from "reasonable action taken or proposed to be taken by the employer with respect to transfer, demotion, promotion, performance appraisal, discipline, retrenchment, or dismissal."

This means that if your psychological injury was primarily caused by your employer taking reasonable management action (such as a fair performance review or a legitimate restructure), your claim may be denied. However, if the action was unreasonable (such as bullying disguised as performance management), section 11A does not apply.

Types of Psychological Injury

• Work-related stress and anxiety: Caused by excessive workload, unreasonable deadlines, or workplace conflict.
• Depression: Often secondary to a physical injury or prolonged workplace stress.
• PTSD: Resulting from a traumatic workplace incident — common in first responders, healthcare workers, and workers involved in serious accidents.
• Bullying and harassment: Systematic mistreatment that causes psychological harm.
• Adjustment disorder: Difficulty coping with a significant workplace change or event.

Evidence Requirements

Psychological injury claims require strong medical evidence. Your treating doctor must document the diagnosis, the causal link between your work and the condition, the impact on your capacity for work, and a treatment plan. Claims Doctor provides thorough clinical assessments and documentation for psychological injury claims.

How Claims Doctor Helps

Dr Laidlaw has experience in drug and alcohol medicine and complex comorbid presentations. Claims Doctor provides clinical assessments for psychological injury claims and can arrange referrals to psychiatrists and psychologists. Read about stress and anxiety claims →