What Do You Need to Win a Psychological Injury Claim and Receive Compensation?
Have you suffered a psychological injury at work and are wondering whether you can get compensation for it? Psychological injuries are complex, which makes the claims process complicated and sometimes unsuccessful. However, if you have suffered an injury, you can make a claim against your employer and seek compensation. Below are three things you need to win a psychological injury claim and receive compensation for your injuries.
Proof of a work-related mental health injury
Before lodging a psychological injury claim, you should determine whether your injuries are classified as work-related mental health injuries. A psychological injury is caused by a traumatic event in the workplace and requires treatment to resolve. It can be caused by environmental, organisational or individual factors. Examples of such injuries include:
- Post-traumatic stress disorder (PTSD)
- Stress disorder
- Anxiety and depression
- Sadness and anger
There are secondary psychological injuries that may be caused by another primary injury. For example, if you got physically hurt in the line of duty, you could suffer from anxiety, anger or PTSD because of the primary accident. As long as the injury is related to your work, you can seek compensation from the insurer.
Proof that the injury occurred at the workplace
Just like physical injuries, psychological injuries must have happened at the workplace. Therefore, you need to prove that the mental issues occurred in the course of your duties. For example, if you have suffered from anxiety or depression due to workplace bullying and harassment, you can seek compensation. Below are other causes of workplace-related mental injuries.
- Excessive workload, causing high levels of stress at work
- Toxic management that instils fear and anxiety in employees
- Difficult and angry customers who stress or aggravate workers
- Breach of policies, legislation and industry guidelines by the employer
Other employees can act as direct witnesses in your case and help solidify your claim. If you reached out to human resources regarding the incident, you can use the correspondence as evidence.
Medical evidence
Medical proof can help solidify your case in two ways. First, it shows that your injuries were so severe that you had to seek medical help. Second, medical proof can be used to quantify psychological injuries and calculate compensation. Therefore, it is essential to see your doctor if you are experiencing any psychological issues due to workplace incidents. However, if the incident occurred recently, you don't need to provide medical proof straight away. All you need is proof that the injury happened at the workplace.
Psychological injury claims can be lengthy and complicated. However, with proper legal representation, you should receive adequate compensation. Contact a compensation claims lawyer for legal assistance.
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