Everyone has the right to feel safe, supported and protected at work, both physically and mentally. However, some industries are more at risk to psychological injuries in comparison to others.
Here we explain how we can provide advice to those who have suffered a psychological injury whilst employed, in both:
- Statutory Claims – Also known as a ‘no-fault scheme’ in Queensland and are governed by legislation. It means that Queensland workers have the right to apply for statutory benefits, no matter whom or what was at fault for their injury. This type of compensation can include weekly payments as income replacement, hospital and medical expenses and in some cases, a lump sum payment for Permanent Impairment. Strict time limits apply so contact us immediately to discuss your rights.
- Common Law Claims – Through this type of claim, the employee must be able to prove their employer has been negligent. If successful, the employee may be able to claim damages for Pain and Suffering (General Damages), Past and Future Economic Loss, Past and Future Superannuation and Past and Future Out of Pocket Expenses. Strict time limits apply so contact us immediately to discuss your rights.
When can I make a psychological injury claim?
WorkCover claims can arise after an employee suffers a psychological injury as a result of:
- repeated exposure to trauma;
- the deep impact of a traumatic event; and/or
- excessive workplace stressors including unreasonable management action.
What is my employer’s duty of care to my mental health?
Employers like the Queensland Police Service (QPS) have a duty of care in protecting the mental health of their employees. They are expected to provide a safe system and place of work for everyone. However, what constitutes a “safe system of work” depends on the circumstances of a particular case.
Duty of care owed by an employer to an employee in high-risk roles can include:
- Active steps for the care of the psychiatric health of the employee;
- Proactive measures which enable the work to be performed safely; and
- Internal policies and safety procedures that demonstrate the employer appreciates the serious risk to the mental health of employees posed by the work.
Case study: Kozarov v The State of Victoria
This case study is an example of when duty of care is breached by an employer. In this instance, a high-risk role was performed and it resulted in a psychological injury WorkCover claim.
Ms Kozarov was a solicitor who worked in a specialist sexual offences unit (SSOU) in the Victorian Office of Public Prosecutions. She claimed damages in respect to a psychiatric injury that she allegedly sustained during her employment.
In her role, Ms Kozarov worked on child sexual abuse claims. She suffered chronic post-traumatic stress disorder (PTSD) and a major depressive disorder due to her exposure to vicarious trauma in her caseload.
The High Court stated in the Kozarov decision that given the nature of the work, there was no question as to whether the employer was duty-bound to be alert to the risks of psychological injuries. They also stated that when the circumstances of a particular type of employment are inherently and obviously dangerous to the psychiatric health of the employee (just as other kinds of work are inherently and obviously dangerous to the physical health of the employee), a system of rotation in this case was reasonable.
The employer was duty-bound to proactively provide and enforce safety measures for the employee to safely carry out their work.
What duty of care does QPS have to me?
Given the nature of policing and the fact you may be regularly exposed to trauma, the Queensland Police Service (QPS) has a duty of care to ensure they are proactively providing measures that enable your work to be performed safely.
In circumstances where the QPS have internal policies and procedures to maintain psychological wellbeing, it can now be argued that failure to comply with those policies and procedures may lead to negligence on behalf of the QPS.
I have suffered from a psychological injury in the police force – what do I do?
If you’re a current or former member of the QPS and feel you are suffering from a psychological injury, we encourage you to to contact our team at Sciaccas Lawyers.
Our legal experts are here to help guide you and provide advice on any workplace injuries, in particular psychological injuries. Call us on 1800 658 525 or (07) 3867 8888 or get in touch with us online today.