A work-related psychological injury can seriously affect your ability to work, earn an income, and manage everyday life. If your mental health has been significantly impacted by your job, you may be entitled to compensation under workers’ compensation laws in Western Australia.
As the leading workers’ compensation lawyers in Perth for psychological injury claims, we help employees understand their rights, prepare strong claims, and secure fair compensation. With the right legal support, you don’t have to navigate this complex process alone.
Looking for expert legal advice you can rely on?
Simply fill out the form below and one of our consultants will be in touch to provide you with expert legal advice.
"*" indicates required fields
What Is a Psychological Injury?
In WA, a psychological injury is a medically diagnosed mental health condition arising from, or during, employment.
Common workplace psychological injuries include:
| Depression | Post-Traumatic Stress Disorder (PTSD) |
| Anxiety disorders | Adjustment disorders |
| Stress-related mental health conditions |
To qualify for compensation, general workplace stress alone is not enough. The law requires clear medical evidence showing that employment was a significant contributing factor to the condition.
Psychological injuries often arise from situations such as:
- Workplace bullying or harassment
- Exposure to traumatic events
- Excessive workloads or high-pressure environments
- Workplace conflict or intimidation
- Exposure to violence or threats at work
Recognising these causes early can help you seek medical support and legal advice before your condition worsens.
Types of Exclusions for Psychological Injuries
Section 7 (below) states that if there is administrative action (as defined in Section 7) and the psychological injury arises as a result of that action, then that falls under the exclusion for workers’ compensation.
Exclusion of injury: reasonable administrative action
- an appraisal of the worker’s performance;
- suspension action;
- disciplinary action;
- anything done in connection with an action described in paragraph (a), (b) or (c);
- anything done in connection with the worker’s demotion, dismissal or retrenchment, or the worker’s failure to obtain a promotion, reclassification, transfer or other benefit, or to retain any benefit, in connection with the worker’s employment.
- administrative action, not being administrative action that is unreasonable and harsh on the part of the employer; or
- the worker’s expectation of administrative action or of a decision by the employer in relation to administrative action.
Why Legal Support Is Important for Psychological Injury Claims
Psychological injury claims are often more complex than physical claims. Insurers may try to attribute the condition to personal factors or reasonable workplace actions, like performance reviews or disciplinary meetings.
A psychological injury claims lawyer can:
Ensure your medical evidence is thorough and credible
Link your injury directly to employment
Navigate disputes with insurers
Maximise your compensation entitlement
Without proper legal guidance, claims may be delayed, disputed, or underpaid.
Mental Health Claim Statistics in Australia
Workplace psychological injury claims are becoming more common and often involve longer recovery periods
According to data from Safe Work Australia:
- 17,600 serious mental health claims were recorded in 2023–24
- This represents a 14.7% increase from the previous year
- Psychological injury claims have increased by 161.1% over the past decade
- Median time off work: 35.7 weeks (compared to 7.4 weeks for all claims)
- Median compensation: $67,400 (over four times higher than the overall median)
These figures highlight the significant impact psychological injuries can have on workers and why professional legal guidance can be important when pursuing a claim.
How to Prove a Psychological Injury Claim
To successfully claim workers’ compensation in Perth, you must generally prove:
01
A diagnosed psychiatric condition confirmed by a medical professional.
02
Employment was a significant contributing factor to the injury.
03
The condition did not arise solely from reasonable management action.
Supporting evidence may include medical reports, workplace records, incident reports, emails, and witness statements. A lawyer experienced in psychological injury claims can help gather and organise this evidence to strengthen your case.
Filing a Psychological Injury Claim in Perth
The workers’ compensation claims process typically involves these steps:
- Seek medical treatment and obtain a certificate from a GP or psychiatrist linking the condition to work.
- Notify your employer, who forwards the claim to their insurer.
- Submit a completed claim form with your medical certificate.
- Attend an independent medical examination (IME) if required by the insurer.
- Receive compensation payments if the claim is accepted.
Acting early and gathering strong evidence significantly improves your chances of claim acceptance and maximises your entitlements.
What Compensation Can You Expect?
Workers with accepted psychological injury claims may receive:
- Weekly Income Payments
- Rehabilitation and Medical Expenses
- Lump Sum Compensation
Compensation amounts depend on factors such as your income, degree of impairment, and statutory calculations under WA law. A specialised lawyer can help ensure these factors are properly considered.
Speak with a Psychological Injury Claims Lawyer Today
If your psychological injury is work-related, the right legal advice can protect your claim, strengthen your evidence, and maximise your compensation.
Contact CLP Legal today to speak with experienced Workers’ Compensation Lawyers for psychological injury claims in Perth.
