Stress Claims

Stress in the workplace can be caused by:

  • bullying
  • harassment
  • lack of control over work activities
  • lack of communication and support from co-workers and management

Our clients who suffer from workplace stress tell us that the incidents in the workplace which cause them to become unwell have been occurring for many months and in some cases as long as a year. As a result their work begins to suffer and they are then placed on performance management or given written warnings.

Our clients tell us that they do not report the workplace incidents that are causing them to become unwell because they fear they could lose their jobs, or if they have reported the incidents, nothing has been done.

What you should do if you believe your workplace is making you unwell:

  1. You should keep a diary of all incidents in the workplace that you believe are causing you to become unwell, including dates and the names of the people involved.
  2. If you do report the incidents to your employer, keep a diary of what was said.
  3. Speak to your treating doctor. Get it on record with your doctor as early as possible. You might not be intending to make a claim when you speak to your doctor, but the information provided to your doctor is very important should you later decide to make a claim.
  4. If you do make a claim for workplace stress your claim is likely to be pended.
  5. At the time the claim is pended you might be asked to provide a statement to an insurance investigator. We recommend you decline to provide a statement to the insurance investigator.
  6. It is our experience that some of the questions you might be asked by the insurance investigator are intrusive and not relevant to your claim, but your responses to those questions might be used by the workers’ compensation insurer to decline the claim.

The law limits stress claims and many factors which cause stress are excluded from the workers’ compensation scheme.

If your work environment is causing you to become unwell, you have made a claim and the claim is pended, you should seek legal advice immediately.

If you require legal advice regarding issues related to Stress Claims, call us for assistance and speak to one of our experienced lawyers on (08) 9486 8088.