If you have experienced a traumatic event or have been diagnosed with PTSD, you may be entitled to make a compensation claim through the workers’ compensation system in NSW. PTSD can be caused by a range of traumatic incidents, such as exposure to traumatic events and bullying in the workplace.

I have vast experience across many industries from Corrective Services and the Department of Education through to Construction, Trades, Offices, Manufacturing and Healthcare sectors, so I understand the type of traumatic exposure you may have been exposed to in the workplace.

The workers compensation system in NSW is designed to ensure that injured workers receive reasonably necessary medical treatment, rehabilitation, compensation for lost wages, lump sum payments and in some circumstances negligence claims.

What you can Claim

When you sustain a work-related injury or illness you are entitled to certain benefits under the workers compensation scheme.

These benefits include:

Compensation for lost wages when you are unable to work due to your injuries. The amount of compensation is typically a percentage of your pre-injury earnings and is subject to certain limits;

Payment of reasonable medical expenses, such as doctor visits, hospital treatments, medications, and surgery; and

Lump sum compensation for Permanent Impairment (also known as Whole Person Impairment (WPI)) due to your injury or illness. To be eligible to make a lump sum compensation claim for a mental injury you must have more than 15% WPI.

What you can’t Claim for

If a psychological injury is:

“wholly or predominantly caused by reasonable action taken or proposed to be taken by or on behalf of the employer with respect to transfer, demotion, promotion, performance appraisal, discipline, retrenchment, dismissal or the provision of employment benefits to workers”,

then compensation is not payable.

Making a Claim

To make a workers’ compensation claim in New South Wales (NSW), follow these steps:

Report the incident: Inform your employer as soon as possible about the traumatic event that has caused or contributed to your PTSD, especially if it is causing you to have time off work.

Seek Medical Treatment: Don’t ignore how you are feeling. Consult your GP and explain to them what is happening at work and your GP can then assess and diagnose your condition and provide you with the medical support and advice that you need and likely refer you for treatment from a psychologist or psychiatrist. Your GP will also provide you with a medical certificate that you can provide to your employer for any time off work that you need.

Notify your Employer: Notify your employer about needing to make a workers’ compensation claim. Your GP will also provide you with a medical certificate that you can provide to your employer for any time off work that you need. Your employer should then notify the workers compensation insurer of your claim.

The Workers Compensation Insurer: Upon receiving the claim, the insurance company will assess your claim and make a decision whether to accept or decline your claim. They may request additional information or seek an independent medical examination to evaluate the extent of the injury and its impact on your ability to work. Once the claim is approved you will start receiving the appropriate benefits, such as medical expenses coverage and wage replacement payments.

Seek Legal Advice: If your claim is complex, disputed, or you encounter difficulties during the process. There are time frames insurers are to work within to provide you with the medical treatment and payments that you need. If you have requested medical treatment and your request has gone unanswered for months (or declined) contact me to discuss your options. I will guide you to ensure that your rights are protected and I will assist you to navigate any disputes or challenges that arise.

Legal Fees

You will not pay any legal fees for bringing a workers compensation claim.

Lawyers are not entitled to charge any NSW worker for any costs or disbursements in Workers Compensation Claims as these are paid for through the Independent Legal Assistance and Review Service (ILARS) established by the Independent Review Office (IRO). The Independent Review Officer is an independent statutory office established under the Personal Injury Commission Act 2020. 

As an IRO Approved Lawyer, I act in matters where IRO provides funding to act on your behalf.  I will apply to (IRO) for funding to cover the legal fees so that there is no cost to you.

If you have been diagnosed with PTSD due to events that have occurred at work, you may be entitled to claim workers compensation. I have extensive experience with managing workers compensation claims and helping those with work-related injuries, in particular PTSD, achieve the medical support they need and the maximum compensation they are entitled to.

If you need help, or if you have any questions about what is happening to you during this time, contact rita@rplawyer.com.au or call 0404 09 33 74 for a no-obligation discussion and for expert legal advice.