Stress Claims

Australia's workers' compensation schemes are grappling with a steady increase in the number and costs of workplace stress claims. Although such claims make up a small percentage of all workers' compensation claims, they often have a disproportionate cost burden on employers, their insurers and, ultimately, the taxpayer. 

The resultant disruption to the workplace and personal lives of those genuinely affected by stress can be alleviated by taking steps to eliminate workplace bullying, discrimination and ineffectual policies that don't support employees in their job roles. 

Given the increase in the number of stress claims, employers are encouraged to implement, and monitor the performance of, internal policies and procedures to ensure compliance with industry standards. 

Summary

• Acted for an employer providing care services to disabled adolescents.  This matter included our providing advice to the management on its procedures and working  with consultants and department managers to take steps to ensure stress claims are minimised in the future.
• Acted for a medical services provider in trial proceedings in which an employee (who was disciplined for damaging equipment) claimed that stress and permanent psychiatric injury resulted from her employer's actions. Following numerous compensation tribunal hearings and appeals, the claim was rebutted.
• Advised a Government agency in relation to entitlements claimed by a senior manager who alleged he had sustained a serious psychiatric injury in the workplace as a result of departmental restructuring.