Psychological Injury Claims

Most work related injuries are physical injuries. In order to determine liability, issues such as when the accident occurred and if the person was provided adequate training and supervision are examined. Psychological injuries are much more difficult to quantify and can have a long lasting and devastating effect of the daily life of the person injured; as well as impact on friends and family. Examples of causes may include workplace bullying, harassment, unfair action taken by management or an excessive workload.

 

The onus is on the person suffering the injury to prove their claim, all evidence is vital and usually comprises of:

  • Psychologist/Psychiatrist reports;
  • Direct witness reports;
  • Further independent medical reports;
  • Medical history;

 

A psychologist report is likely to determine if there is a psychological issue present.  Determining that it arose from work conditions can be complicated. Witness statements of those who have worked and lived with the claimant can attest to;

  • the difference between how the person behaved before and after the incident;
  • The events that lead to the trauma;
  • The impact it has had on daily life;
  • Progression of symptoms;

 

Witness statements are also essential if the claim should progress to common law. The employer does not need to be the sole reason for injury, they need only be a significant contributing factor. Comprehensive witness statements can have a considerable impact on whether a claim is accepted.

 

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