The Standing Committee on Law and Justice supervises the operation of the workers compensation scheme in New South Wales. The Committee’s 2023 Review of the Workers Compensation Scheme shares its focus with its 2022 review, namely, the increase in psychological claims in the workers compensation scheme.
SafeWork Australia defines a psychological injury as:
… a range of cognitive, emotional and behavioural symptoms that interfere with a worker’s life, which can significantly affect how they feel, think, behave and interact with others.
Psychological injury may include such disorders as depression, anxiety or post-traumatic stress disorder.
Job stress is commonly used to describe physical and emotional symptoms which arise in response to work situations but it is not in itself a disorder or a psychological injury.
Psychological injuries have many different causes. Recent data provided by I-Care indicated that of its mental health claims:
- 39% were due to harassment or bullying;
- 33% were due to work pressure;
- 10% were linked to workplace/occupational violence; and
- 9% resulted from exposure to a traumatic event.
The State Insurance Regulatory Authority (‘SIRA’) reports that in 2022-23, 88% of injured workers with non-psychological injury claim returned to work within 13 weeks. Comparatively, and unsurprisingly, only 42% of workers with a psychological injury claim managed a return to work in this same amount of time.
As the social stigma surrounding mental health continues to decline, the number of psychological claims is expected to rise. The Committee’s linked report shows the significant impact that psychological claims have on an already imperfect workers compensation scheme.
If you, or someone you know, has been injured at work, we would be pleased to meet with you to discuss your options on a no-win, no-fee basis. Please contact our friendly team on (02) 4050 0330 to make an appointment with one of our specialist personal injury solicitors.
