Can You Claim Workers' Compensation for Workplace Bullying?
If you have been a victim of workplace bullying that has resulted in physical or psychological injury, then a workers’ compensation claim could be the right move for you.
What Is Workplace Bullying?
Workplace bullying is defined as any repeated unreasonable behavior directed towards an employee or group of employees that creates a risk to their health and safety. But what constitutes unreasonable behavior?Bullying in the workplace, either directly or indirectly, can come in many forms, including but not limited to:
- Verbal abuse
- Physical aggression
- Exclusion or isolation
- Intimidation
- Unreasonable work demands
- Practical jokes and teasing
It’s important to note that isolated incidents are not considered bullying - it must be ongoing behavior that continues over time. Recognizing patterns and documenting instances is key to building a solid case. It is a challenging step, as victims may initially downplay isolated occurrences. However, understanding the significance of continuous mistreatment is vital when contemplating a compensation claim.
The Impact Of Workplace Bullying On Mental Health
Beyond the immediate physical injuries that workplace bullying may inflict, the toll on mental health is a crucial aspect often overlooked. The emotional strain and psychological impact can be severe, affecting an individual's overall well-being. It's essential to recognize that workers' compensation isn't solely limited to physical injuries; it also extends to encompass mental health issues resulting from prolonged exposure to workplace bullying.Workplace bullying takes various forms, including verbal abuse, exclusion, and intimidation, all of which contribute to an unhealthy work environment. Understanding the nuances of what constitutes unreasonable behavior is crucial for individuals contemplating a workers' compensation claim. Remember, it's not just about the visible scars but also the hidden wounds that may require attention.
How Do I Make A Workers’ Compensation Claim For Bullying?
There are a few steps involved in the workplace bullying compensation process.Step 1: Report It
The first step for workers' compensation claims concerning workplace bullying is to speak with your employer about the situation. Legally, your employer is obligated to investigate and manage these types of complaints, and notifying them will give them the opportunity to address the issue without formal legal action being taken. This complaint will also go on record and can be used as evidence in a legal proceeding.Step 2: Seek Medical Attention
If you have suffered a physical or psychological injury as a result of the bullying, it’s important you seek treatment from a doctor. Your doctor will be able to provide you with a medical certificate that outlines your diagnosis, recommended treatment and recommended time off work.We recommend giving your doctor as much detail as possible, so they can give you a thorough diagnosis. Keep any forms or certificates your doctor gives you also, as these will most likely be requested as evidence.
Step 3: File A Compensation Claim
In Queensland, making a claim to WorkCover can lead to you receiving financial compensation for your injuries. You can make a claim online by completing a workers’ compensation form. Providing as much accurate and detailed information regarding the incident/s, the date and any witnesses is key to having a successful claim.While these 3 steps look simple on paper, in practice they are actually much more complicated and time-consuming than you may realize at first. Investing in the help of an experienced workers’ compensation lawyer (particularly one who has experience in workplace bullying) will prove to be an invaluable asset to your case. Claims of bullying can make you feel isolated and misunderstood, and having an understanding and respectful professional by your side can make all the difference throughout the claims process.
Conclusion
The workplace (or anywhere, really) is not a place where bullying should be tolerated. Even though you might feel down, it’s important to remember your rights and entitlements. By standing up against workplace bullying and seeking legal assistance, you can not only assert your rights but also contribute to fostering a safer and healthier work environment for all. A workers’ compensation claim for injuries sustained as a result of workplace bullying isn’t a crazy idea in the slightest. And with an experienced lawyer by your side, your physical or psychological injury claim has the best chance for success.Do You Need An Attorney?
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Posted - 12/13/2023
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