Can stress-related workers' compensation be claimed? Is it possible to be unable to work due to stress? Image credit: AdobeStock
Since stress is one of the key job-related elements affecting one’s mental health, all companies in NSW are obligated by work health and safety rules to limit the presence of stressors for their workers. If stress caused a physical or mental injury, you can be eligible for:
You can be eligible to weekly benefits and medical expenses for your losses if you suffer a stress injury at work. You may also claim a lump sum pay-out if your accident results in a 15% or greater whole-person disability. The severity of your injuries will determine how much compensation you receive.
Due to an illness or accident that has prevented you from returning to work, you may make a total and permanent disability (TPD) claim against your superannuation fund. If they hinder you from working in your typical employment, psychological/mental diseases and aids are covered under TPD claims for depression just like physical ones.
Under NSW’s workers compensation programme, stress is not considered as a separate injury. However, increased stress might result in a psychological condition that could be considered an injury for which you could make a claim for compensation.
A diagnostic injury from your doctor is necessary to demonstrate your stress-related psychological injury. You can identify and demonstrate your circumstance as a psychological injury that eligible for compensation with the aid of a doctor’s evaluation through the Certificate of Capacity.
However, you must also be able to demonstrate that your stress-related ailment was brought on by your job. This may be a difficult procedure that may call for a comprehensive diagnostic and legal counsel from a psychological injury workers compensation.
Within six months after the date of the injury, compensation claims for both physical and psychological work-related injuries must be made. The time restriction for making a workers’ compensation claim may be increased in specific unique circumstances by up to three years.
It is crucial that you report your injury to your employer or insurance as soon as you become aware of it. The next step is to discuss your issue with a physician or general practitioner and obtain a “Certificate of Capacity.” This certificate will serve as the official medical record of your stress-related injury and your consequent incapacity to work. To receive your earnings and medical costs, travel charges, and lump sum benefits, you must lastly fill out and deliver a work injury claim form to the employer or insurance directly.
There are eight major risk factors that contribute to stress at work:
According to SafeWork Australia, there are eight major risk factors that can lead to stress at work:
Employers are counselled to use stress-reduction strategies such as routine performance reviews, fostering a positive workplace environment, and teaching staff how to handle stress on their own.
For workers, ongoing stress can cause a variety of physical, mental, emotional, and behavioural issues, from headaches and fatigue to rage and anxiety to poor job performance. Organisations are cautioned by SafeWork Australia that excessive employee stress levels can lead to poorer productivity, dissatisfied customers, more frequent workplace confrontations, and an increase in sick days.