iCare, the single largest workers’ compensation insurer in NSW, reports that psychological injuries in the workplace are increasing exponentially. The reported increases concern not only the obvious toll on workers but also the significant costs incurred by businesses as a result of absences from the workplace.
Psychological injuries at work are a growing concern for Australian businesses. Those who suffer psychological injuries tend to require more time off work, and these injuries can be complex and difficult to overcome.
Psychological injuries typically arise from one of two causes:
- A result of a frank injury – that is, suffered as a result of a single index event. For example, a worker being involved in, or witnessing a traumatic event; or
- A disease injury – suffered as a result of sustained/repeated trauma. For example, workplace bullying, harassment and/or intimidation over an extended period of time.
In assisting workers with psychological injury claims, we see common themes, such as the following:
- sustained exposure to traumatic events;
- hostile work environments (this could include sustained bullying, harassment or intimidation);
- stressed and overworked employees; and/or
- employees being isolated and ostracised.
It is important to note that workplace psychological injury is more about a worker’s perception of real events rather than anyone else’s perspective (including the employer).
The element of causation (or linking the injury to the workplace) is essential in establishing an entitlement to compensation, particularly in circumstances where an injured worker has also suffered from, or is currently suffering from psychological trauma or stressors which are entirely unrelated to work.
In McHughes v Brewarrina Local Aboriginal Land Council, Senior Arbitrator Capel confirmed the position at law that employers take their employees as they find them. In other words, the ‘eggshell skull’ principle applies. The ‘eggshell skull’ principle provides that a compensation payer is liable for the total injury, loss and damage suffered by a fragile or unusually vulnerable person, even if it could reasonably be argued that a ‘reasonable’ or ‘normal’ person would not have suffered such significant harm if exposed to the same workplace stressors.
Two (2) workers who experience the same trauma, whether it be a single event or several incidents, may not react the same way. One may suffer a psychological injury, and one may not. In our view, this demonstrates not only that every worker is unique, but also that work injuries are not always recognised by the worker, or indeed diagnosed – and have historically been under-reported.
In the workers’ compensation space, psychological injuries are a growing concern for employers, personal injury lawyers, and – most importantly – workers. As the stigma around mental illness continues to decrease, we are likely to see a proportionate increase in the number of bona fide workplace psychological injury claims.
If you think you have sustained a psychological injury at work, you may be entitled to compensation and should seek specialist legal advice as soon as you can.
