At Fern Lawyers, we believe every worker deserves a safe and respectful workplace. If your mental health has been affected by workplace stress, bullying, or discrimination – you are not alone. And you may have legal rights to support and compensation.
Psychological injuries in the workplace are becoming increasingly common. In fact, mental health conditions now account for more than 1 in 10 serious workers’ compensation claims in Australia (Safe Work Australia, 2024). These injuries can lead to extended time off work, lost income, and long-term distress.
A psychological injury is when a person’s mental health is significantly affected due to their work environment. This could be caused by ongoing stress, trauma, bullying, or other damaging behaviours.
You may be experiencing a psychological injury if your workplace has contributed to:
- Anxiety or depression
- Post-Traumatic Stress Disorder (PTSD)
- Adjustment disorder or emotional distress
- Burnout or fatigue from prolonged mistreatment
If your mental health has declined because of what happened at work, you may be eligible to claim workers’ compensation.
Toxic workplace behaviour can take many forms. It may not always be obvious – ut its impact is real. Common examples include:
- Verbal abuse, intimidation, or humiliation
- Exclusion from meetings or social activities
- Excessive performance reviews or surveillance
- Racial discrimination, sexual harassment, or threats
- Unrealistic workloads designed to set you up for failure
Employers have a legal obligation to maintain a psychologically safe environment. If they fail to do so, you may have grounds to hold them accountable.
If you’ve suffered a mental health injury due to work, you may be entitled to:
- Weekly compensation to replace lost income
- Medical treatment including therapy, psychiatry, and medication
- Lump sum compensation if your injury is assessed as permanent
- Workplace adjustments to support your recovery
To make a claim, it’s important to show that work was a significant contributing factor to your condition. We work closely with medical professionals to support your claim and protect your rights.
Psychological injury claims can be more complex than physical injury claims. Employers and insurers often try to:
- Attribute your condition to personal issues
- Rely on “reasonable management action” as a defence
- Dispute your diagnosis or minimise the injury’s impact
At Fern Lawyers, we help you respond with clear evidence, expert advice, and calm advocacy. We’ll make sure your voice is heard and your rights are taken seriously.
If you’re dealing with workplace stress, bullying, or poor treatment, here are steps you can take:
- Document your experience – Keep notes, emails, and records
- Report the issue – If possible, raise concerns with HR or a supervisor
- Seek medical support – A diagnosis can be important for your claim
- Speak to a lawyer – We can guide you on next steps, including how to lodge a claim
Don’t delay – Acting early can make your case stronger
In NSW, many workers with psychological injuries can access free legal assistance through the Independent Legal Assistance and Review Service (ILARS), funded by the NSW Independent Review Office (IRO).
If eligible, this covers:
- Legal advice about your rights
- Challenging insurer decisions
- Negotiating early dispute resolutions
- Representing you at the Personal Injury Commission
- Appeals to higher courts if needed
There are no legal fees – e-apply for ILARS funding on your behalf.
We make the process as simple and stress-free as possible:
- Free case review – We assess your situation
- Eligibility check – We determine if you qualify for ILARS
- Funding application – We handle the paperwork
Legal representation – No cost, no stress – just support from start to finish.
- Specialists in Psychological Injury Claims – Deep experience in this area
- Free Legal Help (if eligible) – You won’t pay legal fees
- Proven Track Record – Trusted by workers across NSW
Compassionate Approach – We listen, advise, and act with care.
Call us: (02) 9098 4778
Offices in Sydney – Helping clients NSW-wide
Email: contact@fernlawyers.com.au
Visit: www.fernlawyers.com.au
Workplace bullying or stress affecting your mental health? Don’t wait. Let’s explore your rights – together.
Disclaimer
This article provides general information only and is not a substitute for legal advice. Every case is different. For advice tailored to your circumstances, speak to a qualified workers’ compensation lawyer.
