Stress, especially stress at the workplace, is never welcome. Many of us experience stress at work, but when it is so bad it impacts our health or ability to work correctly, are we due compensation? Can you make a compensation claim for stress? How do you go about making a compensation claim for stress? That is what we are here to tell you.
Can You Make a Compensation Claim for Stress?
With the help of no win no fee lawyers, we are here to tell you if you can make a compensation claim for stress and how to go about doing it.
Compensation claims are usually against employers who have subjected their staff to extreme stress in the workplace. These claims are typically handled by a lawyer, who will act on your behalf to present the claim to your company and get you the compensation you deserve, depending on your local laws. In Australia, for example, you must have a diagnosable psychological injury to claim compensation for work-related stress.
These claims are usually referred to as work-related stress claims, where your lawyer will need to prove that your employer is the cause of work-related stress and how that has impacted your life. Every claim looks slightly different depending on your role and how the stress has impacted your life. Lawyers who deal with work-related stress claims will understand this is a nuanced issue and can provide the advice you need.
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How Do You Go About Making a Compensation Claim for Stress?
Making a compensation claim for stress is fairly straightforward, but there are a few steps you must follow. We have outlined these below to show you how to claim compensation.
Step 1 – Speak To Your Doctor
To claim stress, you must speak to your doctor or psychologist, who can give you a medical diagnosis or advice on treatment. It might be recommended that sick leave from work be taken or significant changes be made to help reduce and manage your stress levels.
Your doctor can complete a Certificate of Capacity or Workers Compensation Medical Certificate, stating whether you are fit for the job. You will need a proper diagnosis and medical terminology on the certificate to take your case further.
Step 2 – Confirm The Cause
Once you have the diagnosis, you need to prove that your employment caused your psychological injury. This is known as a causal link; proof of this will be required to proceed with your claim.
Examples of how your work has caused this stress include the following:
- Bad working conditions with poor support
- Impossible or unreasonable demands
- Bullying
- Sexual harassment
- Poor organizational management around promotions or change
- Low role clarity
- High job pressure
- Poor workplace relationships
Step 3 – Notify Your Employer
Next, you must notify your employer about the psychological injury. This can be done verbally, but it is best to do so in writing to have a paper trail. Your workplace will need to log your injury, following any procedures they have in place.
To make your claim, you must provide your employer with a copy of the medical certificate your doctor has completed. Check whether this is a requirement in your state or not. You must also complete a worker’s compensation claim form and submit it to your employer or insurance. Sometimes, you might not need to fill in a form, but this depends on the information provided. Generally, you have six months from the date of your injury to provide the claim.
While completing your form, you can seek legal advice. A lawyer will help you complete the form and ensure you have provided the necessary information. The more evidence you have here, the better; this could be emails, messages on work chats, voicemails from your boss, or anything that proves you have been causing significant stress.
Step 4 – The Claim Is Accepted Or Denied
Once the claim has been made, your employers must notify a compensation insurer within forty-eight hours. You should also get the insurer’s name from your employer; you or your lawyer can do this.
Once the insurer receives the claim, they have twenty-one days to accept or deny liability. Depending on the outcome, you will either be rewarded or denied compensation.
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Final Thoughts
Claiming compensation for stress is possible, but you need plenty of evidence and a medical diagnosis to support your claim. When things become stressful at work and impact your health, start gathering evidence so you are ready should a claim be made.
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