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If you’re experiencing severe levels of stress in the workplace and something feels wrong you may be entitled to compensation for your suffering. Stress claims commonly arise in all industries due to bullying, sexual harassment, exposure to traumatic events, violence and unnecessary levels pressure.
In order to make a successful WorkCover stress claim, a lawyer will need to prove that an employee is suffering from a diagnosed medical condition which is classified as a ‘personal injury’.
How to make a WorkCover stress claim
Pursuing a stress claim can be quite difficult which is why most claimants enlist the help of a solicitor who specialises in these types of matters. However, if an employee has an in depth understanding of WorkCover legislation they may choose to go it alone.
The first step in making a claim with Millner and Knight is to call us free on 1800 106 107. Our experienced customer service consultants will listen carefully to your story and promise not to ask you any questions which may make you feel uncomfortable.
Some of the questions we will need to ask you include:
- How long have you been suffering from stress?
- do you know the root cause of your stress?
- have you received any medical help, treatment or advice?
Please rest assured that all calls are completely confidential and you won’t be pressured into starting any legal proceedings. If you have a valid case, our lawyers will simply let you know and discuss what happens next if you wish to proceed with a stress claim.
Dangers of not taking stress leave
Many Australians choose to suffer in silence due to the amount of stigma associated with taking stress leave. Because the stigma is largely attached to the employee on leave many people are reluctant to seek help which works out great for the employing company.
If you think somethings wrong it’s important to weigh up taking stress leave as soon as possible. This is because stress can not only affect a person’s mental state, if symptoms go unresolved a mental illness can quickly turn into a physical injury. Some of the most common physical health conditions linked to stress include:
- cardiovascular disease
- immune deficiency disorders
- gastrointestinal disorders
- musculoskeletal disorders
- skin disorders
- and more
If you need help or assistance regarding your individual circumstances you can contact us for free advice and support.
What will you need to prove when making a stress claim?
To have a valid claim or to receive workers comp for stress you will generally need to prove that:
- You are suffering from a diagnosed medical condition which is classified as a ‘personal injury’.
- other circumstances in your life were not a significant contributing factor
One of the best ways to prove that you are suffering from work related stress is to have your condition confirmed by a doctor or medical professional. It’s important to act fast, not only for your own well being but so your condition is recorded from the initial point of suffering (which can be used as evidence in your claim).
Common causes of stress in the workplace
Because employers are protected if they can show they took reasonable management action claiming stress leave can prove quite difficult. For example, employees may not have a valid case if their stress was due to a demotion for underperformance.
Psychological injuries must also be caused by the work the employee was performing or an incident they witnessed or endured.
Common factors or work related stress that can easily warrant a claim include:
- Sexual harassment
- excessive pressure
- crisis incidents
- workplace fatality
- and traumatic events
Some of the most common causes work related stress which can prove difficult to warrant a claim include:
- Long hours
- heavy workloads
- organisational changes
- strict deadlines
- a change in duties
- job insecurity
- repetitive work
- boring work
- over supervision
- poor work environment
- a lack of resources
- not enough equipment
- poor relationships with colleagues or bosses
The only way to find out whether or not you have a valid case is to have your matter assessed by a solicitor in your jurisdiction.
The following organisations have some great online information which may help you reduce your levels of stress:
Please note: Millner and Knight have no affiliation with any of the above organisations.