PTSD & Psychological Injury Claims Lawyers in WA

Post-traumatic stress disorder (PTSD) often refers to a mental illness in a person due to a traumatic event or events. If you or someone you know is showing signs and symptoms of PTSD, please talk to a GP for PTSD treatment.

The DSM-5 (TR) summary for Post-Traumatic Stress Disorder (PTSD) in adults gives the accepted criteria for a diagnosis of PTSD. These are:

A. Exposure to actual/threatened death, serious injury, or sexual violence (directly; witnessing; learning of it to close other; or repeated/extreme exposure to aversive details).

B. Intrusion (longer than 1 month): distressing memories; nightmares; flashbacks; intense distress or physiological reactivity to cues.

C. Avoidance (longer than 1 month): avoidance of memories/thoughts/feelings or external reminders (people/places/activities).

D. Negative mood/cognitions (longer than 2 months): amnesia for aspects; persistent negative beliefs/expectations; distorted blame; persistent negative emotion; diminished interest; detachment; inability to feel positive emotions.

E. Arousal/reactivity (longer than 2 months): irritability/anger; reckless/self-destructive behavior; hypervigilance; exaggerated startle; concentration problems; sleep disturbance.

F. Duration: symptoms in B–E persist longer than 1 month.

G. Functional significance: causes clinically significant distress or impairment.

H. Exclusion: not attributable to substances or another medical condition.

The common PTSD triggers that can cause PTSD includes:

• Accidents – e.g, being involved or witnessing an accident, such as a car crash
• Assaults – e.g, being a victim of crime, or witnessing an assault, such as a shooting, kidnapping or robbery
• Trauma – e.g, PTSD may be triggered by traumatic events, such as traumatic brain injury (TBI)
• Natural disasters – e.g. being affected or witnessed by flood, fire, etc

The most common ways to get PTSD compensation payouts are:

• PTSD insurance claims through workers compensation (e.g. saw another worker get seriously injured at work with lingering psychological effects);
• PTSD compensation through a compulsory third party (CTP) motor vehicle scheme (e.g. directly involved in the accident or indirectly).
• PTSD compensation as part of the criminal injury compensation scheme (e.g. attacked by a person with a sword).

It is recommended that you talk to a lawyer for more information about what other compensation scheme may be available to you.

If you are incapacitated for work due to PTSD and you have income protection insurance, you may be eligable for income protection benefits. If you are unable to return to any employment for which you are suited by education training and experience you may also have a total and permanent disability (TPD) claim.

Prior to making any PTSD insurance claims, please check with your private insurer or superannuation fund regarding your policy statement as coverage for PTSD vary from one insurer to another. Some policies of insurance provide coverage for a stated role (e.g. boilermaker) but it must more common for TPD insurance to consider all suitable employment.

Trauma insurance and total and permanent disability insurance (i.e, TPD insurance) insurance are often included in your superannuation policy or life insurance policy. The coverage may vary depending on your insurer. In general, metal illness such as depression, PTSD, anxiety orders are covered by your TPD insurance. Trauma insurance often covers physical illness or physical injuries. However, there have been cases that some trauma insurance have offered payout for PTSD.

If you are considering a PTSD insurance claim, It’s best to check with your insurance provider for eligibility.

If your PTSD is caused by the negligence of others and it has caused disabling consequences to your future earnings and lifestyle, you may be entitled to PTSD compensation for your personal injuries. You do not have to prove that the PTSD was the fault of another person in a workers compensation claim.

In injury compensation law, PTSD compensation falls into the category of psychological injury. Unlike physical injuries, it is often disputed by insurers or employers. If you have claimed PTSD compensation for personal injuries, it is critical that you have a good compensation lawyer on your side!

How much PTSD compensation is not as straightforward as PTSD insurance claims. Depending on what can cause post-traumatic stress disorder, different parameters apply to the calculation of post-traumatic stress disorder compensation amounts.

The common personal injury workers compensation claims for PTSD include:

• PTSD from work – this often results in workers compensation claims
• PTSD after a car accident – this often results in motor vehicle accident injury claims
• PTSD after robbery – this often results in criminal injuries compensation claims

If you have a PTSD claim for personal injuries, Foyle Legal offers a no-obligation consultation.

Reach out directly to WA support services such as Lifeline WA, Beyond Blue, the Mental Health Commission service finder, and your GP for referrals to psychologists or psychiatrists.

Foyle Legal provides legal help only. We can point you to reputable services, but we don’t provide or manage counselling or therapy. Please contact these services yourself—early support matters.

If you’re in crisis, call 000 or present to your nearest emergency department.

Yes—but the forum depends on your claim type. Work injuries go through WorkCover WA Conciliation/Arbitration (with limited appeals to the District Court). Motor vehicle claims are resolved in court, while ICWA CIS decisions use a statutory review/expert panel process. NDIS decisions are reviewed internally, then by the ART. Get advice quickly—strict time limits apply.

Absolutely. If you have an accepted claim, Foyle Legal arranges interpreter services and disability access support for claimants from non-English speaking backgrounds or with other needs, covering all metro and regional WA. Every client gets help tailored for their situation.

Common occurrences of PTSD from work may include:

• PTSD from bullying at work
• PTSD from work stress
• PTSD from toxic work environment

In addition, some professions are at higher PTSD risk than others. For example, we commonly see:

• PTSD in healthcare workers
• PTSD in social workers
• PTSD in emergency room workers, including paramedics

Please note that simply stressed out because a properly conducted HR process, for example, a bad performance appraisal, often do not quality for workers comp PTSD claim.

• Immediately seek medical attention which could include first aid and report the injury to your employer in writing;
• As soon as possible, see a doctor of your choice and ask for a First Certificate of Capacity;
• Fill out a Workers’ Compensation Claim Form (available from the WorkCover WA website);
• Make a copy for yourself of the Certificate and Claim Form, and then give the original documents to your employer.
• Your employer has five working days to lodge the Certificate of Capacity and Claim Form with their insurer.
• The insurer will notify you within 14 days after receiving your claim form.

If you are unsure about if you completed your PTSD claim form correct, please call Foyle Legal for obligation free appointment.

Strict time limit applies for all workers comp claims including WorkCover stress claim. In WA, you must make a claim within 12 months of the accident. Exceptions may apply in special circumstances but making a claim after 12 months is likely to result in additional complications regarding your case.

To be successful in claiming workers compensation payouts for PTSD, you will most likely need to provide proof about:

• your PTSD diagnosis
• your mental condition prior to your PTSD diagnosis
• the traumatic event or events that caused your PTSD
• contact details of any witness of the traumatic event or events

Like most of other psychological injury claims, rejected PTSD claims are common. However, this is not necessarily the end of road for your PTSD workers comp claim.  If you are had your PTSD claim rejected by the workers compensation insurer, contact Foyle Legal for your obligation free claim review. We help injured worker to get their workers comp claims accepted or to get the best outcome in the circumstances.

In Western Australia, workers compensation payout for PTSD operates a no fault workers compensation system. This means, as long as you can prove that your PTSD is work related. You should qualify for work related PTSD compensation.

When negotiating workers comp settlement for PTSD, the key factors that determines your workers comp PTSD settlement often includes:

• loss of income – lost income both past and future
• medical expenses – reasonable and necessary medical requirements
• rehab costs
• costs for care and assistance
• approved travel expenses for medical appointments
• costs for retraining – if you are unable to retune to your current profession
• lump sum payouts for your PTSD impairment

In addition, the insurer often makes a contribution towards your legal costs associated with your claim  at the settlement of your claim.

Don’t settle your worker’s comp claim for less. Workplace injury lawyers at Foyle Legal will help you to get fair compensation.

The maximum you can receive for a psychological injury (e.g., PTSD) under the statutory scheme is limited by two caps: the item-specific “permanent impairment” amount for mental incapacity listed in WorkCover WA’s annual Indexation Schedule, and the overall General Maximum Amount for income compensation (covering loss of earnings and permanent impairment across the life of the claim). For 1 July 2025–30 June 2026, the General Maximum Amount is $273,220, indexed annually. Hitting the absolute maximum for a psychological injury is uncommon and typically reflects very severe, well-documented impairment.

If your whole person impairment is not less than 15% and your injury was caused by employer negligence, you may elect to pursue common law damages. Unlike the statutory scheme, common law damages are not subject to the statutory caps (though strict eligibility criteria and time limits apply), so tailored legal advice is essential.

Yes. If you work for a Commonwealth department (e.g., Centrelink, Australia Post), claims are handled under Comcare (federal workers’ compensation), separate to WorkCover WA.

PTSD, post-traumatic stress disorder , is a mental health disorder that we see arise due to workplace conditions and motor vehicle accidents. Trauma flashbacks and panic attacks are common symptoms of car crash PTSD. If you are injured, in a not-at-fault accident, or witness a traumatic accident, and showing signs of PTSD, you may be entitled to car accident injury compensation. To be successful at psychological trauma after car accident compensation, you need to be reviewed and diagnosed by qualified mental health care professionals.

Foyle Legal will usually help you with your claim by getting a report from a psychiatrist.

If you have made a claim for compensation for PTSD after a car accident, Foyle Legal can guide you through the process.

Yes. You can claim car accident injury compensation. Motor vehicle injury compensation is covered by CTP insurance. This is compulsory insurance that each licensed vehicle must pay every year when renewing the vehicle’s registration. CTP insurance varies by state, it is important that you seek legal advice based on the state where the at-fault vehicle is licensed. For example, if your car accident happened in Western Australia, and the at-fault vehicle carries a WA licence plate, you should seek legal advice from car crash injury lawyers who deal with ICWA claims (Insurance Commission of Western Australia). For more detail, please check out how to claim CTP insurance in car accident injury claims.

If you intend to make a car accident injury claim for PTSD, please follow the steps below:

• You should report the accident to the Police through the Crash Report internet site if the police do not attend directly;
• Give notice the CTP insurer (usually Insurance Commission of Western Australia) through a notice of intention to make claim form, and complete your local car accident injury claim form and medical authority form.

Please note that getting the help of a specialist PTSD lawyer will often make the process less stressful.

Section 29 of the Motor Vehicle (Third Party Insurance) Act 1943 states that:

A person shall not, in respect of the death or bodily injury to a person directly caused by, or by the driving of, an insured or an uninsured motor vehicle by another person which may, under the provisions of this Act, give rise to an action or proceeding for damages against either an insured person or the Commission, commence or maintain such action or proceeding unless the person proposing to claim the damages or some person on his behalf has given to the Commission, as soon as practicable after the occurrence giving rise to the claim, notice in writing prescribed by the regulations of his intention to make the claim.

Strict time limit applies for all motor vehicle accident injury claims.

In accordance with Section 14 of the Limitation Act 2005 (WA) An action for damages relating to a personal injury to a person cannot be commenced if 3 years have elapsed since the cause of action accrued. In respect of a personal injury claim for a car accident, the cause of action will ordinarily accrue on the date of the motor vehicle accident.

When calculating PTSD car accident settlement, it is often the sum of the agreed payout can be broken down into the following categories:

• Non-pecuniary loss – money for pain and suffering, loss of enjoyment of life and loss of amenity and similar heads of damage;
• medical expenses – this includes reasonable and necessary hospital, rehab costs, medical treatment costs
• care and assistance costs
• loss of income
• loss of amenity
• travel expenses for medical appointments

If you engaged a car accident injury lawyer, the Insurance Commission of Western Australia will usually make a contribution to your legal fees associated with your MVA claim when settling your claim.

PTSD after robbery and assaults are the main causes for criminal injuries compensation PTSD claims. If the attackers are convicted, your crime victims compensation claim will have much higher chance of success. The maximum award for a victims of crime payout varies by State. For example, the maximum award in WA is $75,000, and the process could take 1-2 years. It is important that your criminal injuries compensation claim form and supporting documents are professionally prepared to prevent delays, and reduction of compensation.