Stress claims

WorkCover claims for stress Leave WA

Workplace stress can have a profound impact on your mental and physical health. In Western Australia, workers who experience severe stress can receive compensation through WorkCover WA.

Workers’ compensation and stress leave in WA: Your rights explained

WorkCover WA, the regulating body overseeing workers’ compensation in Western Australia, treats mental injuries like physical harm and sickness. Claims for anxiety, depression, post-traumatic stress disorder (PTSD) and stress can provide compensation and time to recover.

Are you seeking compensation or stress leave in WA for a work-related mental illness? Wondering if you can sue your employer for stress and anxiety? Get personal advice in a free, confidential consultation with Perth’s trusted personal injury lawyers.

If your workplace is making you unwell, you can receive compensation:

  • Workers’ compensation payments
  • Medical expenses
  • Paid stress leave

Workers’ compensation and stress leave entitlements are subject to a WorkCover WA assessment of your claim. As Perth’s trusted personal injury lawyers, we help you build a solid case.

To be eligible for workers’ compensation stress leave, you must:

  • Seek a diagnosis
  • Demonstrate that your work caused the condition
  • Notify your employer as soon as possible

To make a workers’ compensation and stress leave claim, you must prove that you have a diagnosed medical condition. We recommend seeking help early, primarily for your health but also for your claim.

What causes stress and anxiety in Western Australian workplaces?

  • Bullying and harassment
  • Traumatic events
  • Lack of control over work activities
  • Unsupportive co-workers and managers

Stress triggers are many and varied. Our clients who experience workplace stress or anxiety often suffer in silence for months. Many believe that speaking out or seeking help could jeopardise their employment. As a result, their work – as well as their mental health – begins to suffer.

What to do if your workplace is making you unwell.

If you believe your work environment is causing you to become stressed, sick or otherwise unwell, you are not powerless. You can take several steps to build a WorkCover claim for stress:

Keep a diary.

Record all incidents that you believe are contributing to your stress. Include dates, the names of people involved, and any important details.

Report incidents.

If you feel comfortable reporting the situation to your employer, keep a diary of what was said. Do not record conversations (e.g. on your phone) without permission.

Speak to your doctor.

Get your stress on record with your doctor as early as possible. You might not intend to make a workers’ compensation stress leave claim at the time. Still, the information you provide is vital should change your mind.

Your WorkCover claim for stress is pending – now what?

Receiving a notification that your WorkCover stress claim is “pended” does not mean you are ineligible. The legislation limits stress claims, and many factors which cause stress are excluded from workers’ compensation.

Decline to provide a statement to the insurer.

An insurance investigator might contact you to make a statement when your claim is pended. In our experience as workplace injury lawyers, the questions are likely to be intrusive. They may not be relevant to your claim. Furthermore, the insurer might use your responses to decline the claim.

Perth City Legal can help

Our team of experienced workers’ compensation lawyers can guide you through the workers’ compensation system. We will ensure your claim is properly prepared and presented so you get the compensation you deserve.

Can I sue my employer for stress and anxiety in Australia?

Most serious stress leave claims go through WorkCover WA, the Government body responsible for the workers’ compensation scheme. Every Australian employer is required to carry workers’ compensation insurance, which extends to diagnosed mental injuries.

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In some cases, workers may choose to pursue a common law claim for negligence. If you are unsure of your rights or need advice for a unique situation, Perth City Legal can help. With over 20 years of experience, 2,000 satisfied clients, and a 99% success rate, we can help you determine whether it’s right to sue your employer for stress and anxiety.

Contact Perth City Legal, WA’s trusted workplace injury lawyers.

With experience on both sides of workplace injury law, we understand the complexities our clients face when pursuing WorkCover stress claims. By working closely to understand your situation, injury, and goals, we can help you get the compensation you deserve.

Call us to discuss your claim with a workers’ compensation lawyer.

Request a free, confidential initial consultation

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We never expected to need legal assistance but when my husbands workers compensation claim was declined without good reason, Matthew Webster guided us through the stressful conciliation process. He made a very difficult time in our lives much easier. As a result of Matthews professional negotiations, we have received the settlement offer that we deserve.

- Tennille Moir

Carl from Perth City Legal was fantastic dealing with my case. I was being bullied by insurance company and once he took over my case I felt empowered and protected. Big shout out to Tracey too who kept me in the loop and organised everything for me. I would absolutely recommend these guys to anyone dealing with insurance claims.

- David Cox

I couldn’t be happier with Perth City Legal. The result was better than I expected. A special thanks to Matt Webster who did an outstanding job on my claim. He is very professional and made me feel at ease throughout the entire process.

- Marty A

I would like to thank you for all of your hard work on my case. You were extremely professional but kind in the way you handled my situation and I am very grateful for that.

- Tracy Reeves

A world of thanks to Perth City Legal for guiding me through a legal minefield and achieving a positive outcome regarding my claim, which I could not have achieved on my own.

- Gibson Street

I was very impressed with the team at Perth City Legal. Matt was professional, knowledgeable, and always available to answer my questions. He took the time to fully understand my case and provided clear guidance throughout the process. I was very happy with the outcome!

- Elliott Jackson

I can definitely recommend Perth City Legal. All the staff are so helpful, caring and quick to respond when asked for information. Carl Messina is such a lovely person, will go above and beyond to help and works so so hard. Tracey Sleight - the Paralegal - is a dept of knowledge and is always available at the end of a phone. A massive thank you Perth City Legal 💗

- Lisa Hackett

I needed help and Perth City Legal represented me and dealt with my claim. The settlement outcome was a lot more than I expected thanks to the work done by Matt and his team in a very professional and timely manner. I highly recommend their services to anyone in need.

- Cynthia Tauarua

Carl has handled my WorkCover claim for over 2 years. He is knowledgeable, passionate and guides you to the best outcome at each point in the case. Tracey was also a great help throughout, taking my phone calls and giving guidance and reassurance. I'm very grateful to the team and all their efforts. Couldn't recommend them any more highly.

- Jessica Mitchell

A great service from Carl, Declan and Tracey.  Always responded to my concerns, giving prompt considered answers.  Fees reasonable and sound legal advice at every step.  Definitely would recommend.

- Charlotte Williams