Psychological injuries arising from your employment.I really hope that you are able to help me!!! I am a school teacher, and was informed by letter that an allegation had been made against me that could have amounted to improper conduct against a student. I was provided with no information as to what was supposed to have happened. I have had this drama hanging over my head for the past 6 months, only to have the matter dropped and no further action by my employee. I have lost all confidence in myself and feel that I am unable to return to the classroom. Am I able to claim Workers Compensation for psychological injuries arising from my employment? Yes, you are entitled to make a claim for Workers Compensation for psychological injuries arising from your employment. However, it is important to be aware that under the Workers Compensation Act 1987 (“the Act’) no workers compensation is payable for psychological injuries if the injury was wholly or predominantly caused by reasonable action taken or proposed to be taken by your employer in relation to: - A transfer - A demotion - A promotion; - A performance appraisal - Discipline - Retrenchment or dismissal. It is apparent from your question that your employer did not take reasonable action in relation to dealing with the allegation made against you for improper conduct. This can be seen through the lack of consultation with you in relation to the particulars of the allegation as well as the matter being dropped and no further action being taken by your employer. The area of workers compensation for psychological injuries is complex which is why it would be in your best interests to speak to the Workers Compensation Lawyer. He can advise you on the type of medical evidence that will be needed to support your claim for workers compensation for a psychological injury. The Act restricts access to workers compensation for a psychological injury in another way in that a worker will not be entitled to lump sum compensation for a psychological injury unless the injury has resulted in a permanent impairment of the worker that is at least 15%. The Workers Compensation Lawyer can assist you in your claim for workers compensation for your psychological injury, and this compensation will be of extreme importance as you are unable to return to the teaching profession. In claims for workers compensation for psychological injury, you really do need a workers compensation expert on your side to ensure that your claim meets the stringent requirements under the Act. If you have been injured in a workplace accident and you’re not sure who to talk to about your entitlement to workers compensation then give Frank a call. It won’t cost you a cent and you will be getting advice that insurers would rather you didn’t hear. Email Frank at Contact us today for a no obliigation free consultation 02 9630-0444 Specialising in Compensation for over 20 years. |