In the Western Australian workers compensation system psychological injuries arising from workplace stress are common. Most of these claims arise due to perceived bullying in the workplace, a smaller amount are post-traumatic stress disorder (PTSD) typed injuries arising from a specific incident.

Bullying stress claims
In Foyle Legal’s experience most bullying typed claims arise from office environments as well as the teaching and disability care sectors.

Bullying stress claims are often worth perusing but are time intensive and difficult as:
• In the overwhelming majority of cases liability is denied. The case must therefore progress to the WorkCover WA Conciliation and Arbitration service for a determination as to liability.

• They often arise from a series of events and the WorkCover WA Arbitration Rules now require the injured person (as the primary witness in Arbitration proceedings) to provide a comprehensive statement setting out their evidence at Arbitration. This statement must be very comprehensive as it stands as the injured person’s initial evidence;

• Such a claim will usually be denied by the perpetrator of the bullying. To avoid a one on one evidence situation, it is therefore necessary for the injured worker, or their solicitors, to obtain statements from other workers involved at the same workplace. This is often difficult as other workers are reluctant to become involved, and fear that they will lose their jobs in the event that they assist the worker suffering the stress claim as the perpetrator is often a person in a management position; and

• If the injured person is partially incapacitated (i.e. they have some capacity for work) then they must show the amount they can earn in some suitable employment if they are to be successful in being awarded weekly payments of compensation, this normally involves evidence from a rehabilitation provider.

WorkCover WA Beyond Blue and Heads Up initiative

WorkCover WA, the dispute resolution body for workers compensation claims in Western Australia has recently promoted the beyond blue and the heads up initiative to raise awareness about the importance of mentally healthy workplaces. The heads up website states that at any given time, one in five employees will be experiencing a mental health condition. The Heads Up initiative provides individuals and businesses with free tools to help them:

• Develop an action plan to create a mentally healthy workplace;
• Take care of their own mental health;
• Get tips on having a conversation with someone they are concerned about.

WorkCover WA encourages Western Australian businesses to take the first step by creating a mental health action plan using the resources provided by Heads Up.

More about Foyle Legal
Foyle Legal are personal injury claim specialists and operate in the area of workers compensation claims, motor vehicle accident claims, public liability claims and criminal injury claims. Foyle Legal provides no win no fee representation in respect of these personal injury claims and an obligation free initial assessment it you do not proceed. If you have made a claim why not contact Foyle Legal on 0408727343, by email on [email protected] or on our website foylelegal.com.

Foyle Legal
6/2 Carson Road
Malaga, Perth, WA 6090
Phone: 0408 727 343
www.foylelegal.com