Claiming Workcover stress leave? Foyle Legal’s psychological injury lawyers are here to support your WorkCover stress claims in WA – We help you to succeed in stress claims!
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Made a worker’s compensation stress claim in WA?
If your claim is pended or disputed at Workcover, contact Foyle Legal for your obligation-free claim review.
If you have an accepted Workcover stress claim, you are entitled to claim stress leave while receiving weekly payments, medical and treatment expenses, and compensation payouts for psychological injury. Foyle Legal psychological injury lawyers can advise you on Workcover stress claims and compensation payouts for psychological injury.
Claiming stress leave is common amongst teachers, social workers, government employees, and office workers. The number of manual workers who are making workers compensation stress claims are also on the rise to dun increased awareness of mental health. Unfortunately, many workers compensation for stress, anxiety claims are still pended or disputed or rejected by workers compensation insurers.
In Western Australia, you do not need a whole person impairment rating (WPI) over 15% to receive a lump sum psychological injury payout. Workers compensation insurers often make low offers and push for workers comp stress claim settlement as early on as possible to move you out of the workers comp system.
If you have made a Workcover stress claim, Foyle Legal workers compensation lawyers help you to succeed with stress claim on a No Win No Fee basis. Don’t be intimidated by your employer or workers compensation insurers. We will help you to act with confidence at every step of the process:
No Win, No Fee means we don’t charge you legal fees unless we get you compensation.
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Critical factors in successful work stress claims are:
Psychological injury claims are often disputed by workers compensation insurers. To get your disputed workers compensation stress claim accepted by Workcover, you need to go through the Workcover dispute process. Disputing a workover stress claim is highly specialised. Having experienced psychological injury lawyers like Foyle Legal will significantly increase your chance of success in Workcover claims.
For more details on successful work stress claims, please check out this article on how to prepare a claim for work-related stress to prevent Workcover dispute.
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In Western Australia, there is no specific type of leave called ‘stress leave’. If you are experiencing stress at work, but the work-related stress is not sufficient to cause psychological injury, you can claim sick leave for your stress at work.
To be successful at Workcover stress claim, and successfully at claiming Workcover stress leave, you need to meet the condition for workers compensation stress claim. Typically, you must:
Work-related mental stress may be a result of chronic stress or triggered by a specific event. Typical causes of work-related mental stress may include:
To satisfy the requirement of unfit for work, relevant medical documents need to be produced to support the stress claim.
If you are unclear if you are eligible for Workcover stress claim or Workcover stress leave, contact Foyle Legal for your obligation free claim review.
If your work-related mental stress meets the requirements for workers compensation stress claim, and you decide to make a worker’s compensation. The process of applying for Workcover stress leave is the same as making a worker’s compensation claim for stress conditions. Typical steps are:
Once your employer received the workers compensation claim form and first medical certificate, they should provide the claim form and first medical certificate to their workers compensation insurer, and the workers compensation insurer needs to make a decision regarding your workers compensation claim. They can either accept it, pend it, or dispute it. If your workers compensation stress claim is accepted, you are entitled to Workcover stress leave (weekly payments of compensation) and associated benefits.
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Types of Workcover Stress Claims for Psychological Injuries
Foyle Legal psychological injury lawyers represent clients in Workcover stress claims, PTSD claims, motor vehicle stress claims, TPD claim for mental health, and dependency claims due to work-related suicide.
For an accepted Workcover stress claim and psychological injury claims, it should be considered whether the injured person will also have common law benefits as well as workers compensation benefits. Your legibility of common law workers compensation claim depends on WPI rating and whether the negligence of others causes your psychological injury at work.
For Workcover stress claims, workers are entitled to Workcover stress leave while receiving workers compensation payments though some exceptions do apply.
Separate to a Workers Compensation Stress claim, If your work-related mental injury has affected your mental health so severely to the extent of total and permanent disability. You may be entitled to TPD claims. This also applies in a stress injury is not work related.
If the work stress has left to suicide, dependents of the deceased worker may be entitled to fatal injury dependency claim.
Common Issues with Stress at Work Compensation
One of the common issues associated with stress claims is that workers compensation insurer often disputes or rejects a workers comp for stress. Common reasons to deny Workcover stress claims are:
To be successful at work stress claims, an injured worker who intends to make a workplace stress claim needs to report the injury as soon as possible and have witness statements to support their Workcover stress claim.
Common Law Claims Psychological Injury
If you make a claim for workers compensation for a psychological injury and you are found to have a whole person impairment by an approved medical specialist, usually a Psychiatrist, of not less than 15% then you will have the choice to elect to sue your employer for damages in a common law claim regarding the psychological injury.
You must elect to pursue common law damages regarding a psychological injury before the termination date which is generally one year from the date a claim for workers compensation is made (though it can be extended for an additional year).
Pursuing a common law claims psychological injury action is often very difficult and there are usually complex issues regarding pre-existing conditions, the circumstances in which the injury was sustained and the extent of any damages including pain and suffering, the need for medical treatment and economic loss.
What to Say to Doctor to Get Stress Leave?
It is common to feel confused and do not know what to say to the doctor to get stress leave by the time your work-related stress has escalated to the need of stress leave, and the worker often has lots of built-up emotions, thoughts, feelings, and anxiety.
Doctors can help to treat your mental stress, anxiety, or depression. It is best if you are honest and upfront to your doctor when talking about your stress and psychological injury and make sure all the circumstances arising from your work related stress are documented. Doctors are there to help you to get better. When talking to the doctor, please be sure to mention:
If you feel tired, frustrated, angry, stressed, on the verge of a nervous breakdown while telling your story, do not hide it from your doctor. They are trained to help you. Based on your consultation, your doctor will then recommend a suitable treatment, stress leave from work, or other further actions.
Please note that If you decided to make a workers compensation claim for stress, your discussion with the doctor could be vital evidence to link your psychological injury to your employment and the degree of incapacity that the mental injury has caused you. Please check out this blog on how to best work with doctors for medical evidence.
Compensation Payouts for Psychological Injury at Work
How much compensation for psychological damage? Compensation payouts for psychological injury can vary primarily based on the evidence presented to support your future loss of earnings (need for weekly payments of compensation) and future needs. Timing of settling your psychological injury at work is also essential. Workers compensation insurers often make low offers at the very early stage to settle workers compensation psychological injury claims. If you have made a Workcover stress claim, please be sure that you do not settle your stress claim too early.
How much compensation for psychological damage?
How much compensation for psychological damage? Compensation payouts for psychological injury can vary primarily based on the evidence presented to support your future loss of earnings (need for weekly payments of compensation) and future needs. Timing of settling your psychological injury at work is also essential. Workers’ compensation insurers often make low offers at the very early stage to settle workers’ compensation psychological injury claims. If you have made a Workcover stress claim, please be sure that you do not settle your stress claim too early.
Payout for No-fault worker’s compensation stress claims
If you have an accepted Workcover stress claim in WA, you can not claim pain and suffering. As of the 2023 financial year, the maximum payment for your psychological injury at work claim is $243,991 for weekly payments of compensation.
Payout for limited Common Law Claims for Psychological Injury at Work
If your WPI is between 15% to 25%, you can claim pain and suffering. As of 2023 financial year, the maximum payment for psychological injury at work claim is $512,384 minus any workers compensation payments.
Payout for work-related suicide / death claims
If you have an accepted workplace fatal injury dependency claim for a workplace death. As of 2023 financial year, the maximum payment for psychological injury at work claim is $609,974.
Workcover stress leave is different from taking sick leave or personal leave due to stress at work.
What is stress leave?
Technically, stress leave is not a category of leave by itself but in Australia, there is an entitlement to 10 days sick leave (or pro-rata amount). If your workplace stress has an impact on your ability to perform work duties and caused a psychological injury to you, and you may qualify for Workcover stress leave entitlements. If you have an accepted Workcover stress claim, your Workcover stress leaves entitlement is the same as your workers comp entitlement.
If you found yourself having to take stress leave from work frequently and your mental condition has affected your capacity to do work, it is essential to talk to your doctor to evaluate if your workplace stress has resulted in psychological injury at work.
If you have made a claim for a work-related mental health claim, contact one of our Perth based workplace injury lawyers for your obligation-free claim review.
Is stress leave sick leave?
Yes. Unless you are applying for Workcover sick leave. Workcover sick leave is a workers compensation stress claim.
Grounds for stress leave in WA?
If you are claiming stress leave as sick leave, all you need to do is the speak to your employer and supply a medical certificate upon request.
If you are claiming Workcover stress leave, you must produce proof that you meet the conditions to make a workers compensation psychological injury claim.
How to apply for stress leave?
If you are applying a few days sick leave for stress, you need to follow the leave application process at your workplace.
If you are applying for Workcover stress leave, you need to follow the Workcover procedure to make a workers compensation claim.
Is stress leave paid?
Yes, unless you are taking unpaid sick leave. In one year the entitlement to paid sick leave is based on an employee’s usual hours of work (e.g. part time or full time). The entitlement is 10 days paid sick leave for full time employees and pro-rata for part-time employees.
For paid sick leave due to mental stress, your employer pays your stress leave entitlements.
For a Workcover stress leave, your employer’s workers compensation insurer pays your stress leave entitlements.
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