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Psychological injury claims for workplace bullying in NSW
Quick answer: Psychological injury arising from bullying, harassment or a hostile workplace can, in some circumstances, be the basis of a Workers Compensation claim in NSW. These claims involve some additional considerations compared to a claim triggered by a single physical event, and specific questions about eligibility are best directed to your solicitor or the insurer.
Psychological injury from workplace bullying can be harder to identify and to explain than an injury from a single incident, since it often develops gradually from a pattern of behaviour rather than one clear event. The points below give a general overview, alongside the psychological support available during the process.
How this differs from other psychological injury claims
Many psychological injury claims relate to a single identifiable event, such as a workplace accident. Bullying-related claims more often involve a pattern of conduct over time, which can affect how the claim is documented and assessed.
What is typically involved in these claims
These claims often involve more detailed documentation of workplace events and communications. Claims relating to management action, such as performance management, can also involve specific considerations under the scheme. A solicitor experienced in this area can advise on how these apply to your situation.
The psychological impact
Ongoing bullying or a hostile workplace can lead to anxiety, low mood, loss of confidence and heightened alertness around work, in similar ways to how a single traumatic event can affect someone, even without one specific incident to point to.
Getting support during the claims process
Psychological treatment can often begin while a claim is still being assessed, which means you do not necessarily need to wait for a claim outcome before accessing support. See our separate article on seeing a psychologist while a claim is pending for more detail.
Frequently asked questions
The specific requirements of a claim are a legal question best directed to your solicitor or the insurer. Psychological support itself can often begin while these questions are still being worked through.
In many cases, yes. See our article on psychological support while a WorkCover claim is pending for more detail on how this generally works.
There are some additional considerations that can apply to psychological injury claims relating to workplace conduct, which is why specific legal advice is worth seeking alongside your psychological treatment.
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Make an enquiry
If you have questions about psychological support relating to a workplace bullying claim, please call or email directly.
This page is general information for people in NSW and is not personal or clinical advice. Eligibility and treatment depend on your individual claim and insurer approval. Please speak with your treating doctor about your situation.