When people hear about personal injury claims, they generally think about physical injuries, like a broken hand. But don’t be fooled, this is only one side of personal injury claims!
Psychological injuries can have a serious impact on individual’s lives, sometimes even more so than physical injuries. Psychological injuries can include depression, PTSD or anxiety caused by events that occurred within the workplace, such as, bullying or a traumatic event. Many claimants suffer both physical and psychological injuries and it is important to know what you can claim.
Legalities Of Filing A Claim
Psychological injuries are much harder to prove in court than physical injuries which can easily be proven by an MRI or X-ray. Proving that you are experiencing a mental injury can also be quite subjective, and therefore extremely difficult to prove. Psychological injuries also require a longer period of time off work for recovery (almost two times the amount of a physical injury!)
So, can I claim compensation for both physical and psychological injuries I incur from my workplace?
Yes, you can! If you’re deemed eligible under the Workers Compensation Act 1987.
Employers do have the ability to rely on a reasonable action defence. Reasonable action has and can be used successfully as a defence, however, it can be difficult for your employer to prove that the action was indeed reasonable. The employer must also prove that the psychological injury was “wholly or predominantly” caused by the reasonable action, which can be a challenge.
The following are classed as reasonable action:
- Performance appraisal
- Provision of employment benefits
If the employer is successful in proving that your psychological injury was caused by one of the above, this defence unfortunately may render the psychological claim non-compensable.
Psychological injury claims often strike an emotional spot within workplaces. Employers can feel a sense of betrayal by the claimant as they blame their workplace for causing mental damages. It is important that both parties focus on the overall goal which is the employee getting back to work as quickly as possible.
What Can I Claim?
- Medical expenses
- Permanent impairment
- Loss of wages
- Pain and suffering
- Traveling expenses
- Rehabilitation expenses
- Return to work services
How We Can Help
Psychological damage like bullying, work-related pressure and exposure to trauma are growing causes of injury within our modern workplaces. Legal action can be highly stressful and complex for both employers and employees, much more than physical injury claims. So whether you are a company, or an individual, using a Longton Lawyer to ensure your protection is essential. Our Personal Injury team at Longton Legal is here for you during difficult times and employs a ‘no win, no fee’ guarantee so that you can rely on us for the best result.
*Disclaimer：This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
Mother recovers significant compensation for instrumental vaginal delivery injuries
A small proportion of women who give birth vaginally will suffer 3rd or 4th degree tears. The risk of such tearing is increased with instrumental vaginal deliveries by either vacuum (ventouse) or forceps, including rotational forceps.
What can you subpoena from an expert witness? Do common law principles or the provisions of the Evidence Act 1995 (NSW) apply?
In a recent ruling by Elkaim AJ of the Supreme Court of New South Wales, Longton Legal achieved a favorable outcome in the case of Ghorbanzadeh v Western Sydney Local Health District  NSWSC 1330.
Young woman recovers more than $100,000 for botched breast augmentation surgery
It only took Longton Legal/Longton Compensation 10 month from the time of commencement of proceedings in the District Court of New South Wales to
Melbourne woman recovers more than $330,000.00 for a botched cosmetic procedure in just 12 months
It only took Longton Legal/Longton Compensation Lawyers’ Yevgeni Shkuratov and Clare Decena 12 months from the time Sarah