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How to earn compensation for psychological injury

A psychological injury can look very different between individuals. Health Direct found that 20% of Australians have some kind of mental illness that affects their thoughts, mood, behaviour or perception of the world. These mental health problems commonly result in depression, anxiety and even substance abuse.

If you’ve found yourself with psychological injuries after a car accident, workplace injury or any other situation where you are not at fault, you have the right to file a psychological injury claim. This article will explore the causes of this type of damage, how to prove you have it and how we helped a client earn $500,000 in compensation.

Dealing with a psychological injury

No one goes into work one-day expecting trauma to hit. Some forms of workplace psychological abuse can occur that would cause mental injury and therefore qualify you for compensation for treatment:

  • Harassment.
  • Intense bullying.
  • Sexual harassment.
  • Poor physical working conditions.
  • Threatened job security.
  • Denial of personal or vacation time off.

There is no one answer as to why mental stress occurs in some and not in others. In the previously mentioned article, Health Direct highlighted that it could be due to factors ranging from genetic mutation, your childhood environment or your life experiences.

While the cause of psychiatric injury isn’t exactly clear, the signs that you do have it are becoming more researched and supported. Some signs that you may be suffering from an undiagnosed mental illness include:

  • The persistent feeling of sadness and loss of interest in things you once loved.
  • The inability to set aside worry and restlessness despite the impact of the event ahead.
  • The constant need for items and patterns to align in a particular way or a growing fear of germs.
  • The avoidance or flashbacks of unwanted memories related to an event or series of events that caused you trauma.
  • The consistent shift in moods without explanation from high energy to depressive dissociation from reality.

Mental health treatment for emotional distress can come in the form of therapy sessions, lifestyle changes or medical treatment. If you were injured in an accident you did not cause, the bill for treatment should not be on your shoulders to bear, instead — file a claim.

Proving injury and earning compensation

Proving the injury is the most important part of earning compensation to cover your medical expenses. The first step to filing a claim is gathering medical evidence outlining your diagnosis and treatment plan from reputable health professionals.

Have a clinician and a psychiatrist examine you. You will need to prove that prior to the event that caused the injury, you were able to perform your job at a normal level yet no longer can.

The important part of this will be trying to pinpoint the event or series of events that led to your trauma. This is why working with a psychologist can not only help your mental recovery, but also help you earn compensation.

If you take your psychological injury compensation claim to court, the judge will need to see that you are pursuing treatment for your emotional distress. Taking on management action for your psychological trauma means setting up your future for success and committing to a long and happy life.

Working through those difficult situations can sometimes feel like climbing up a 90-degree mountainside, but your mental health in the future will thank you for the work you’re doing now. Your common law solicitors at Gerard Malouf & Partners are here to support your journey toward compensation so you can focus on recovery.

Passionate worker receives over $500,000 for psychological injuries arising from workplace bullying and harassment

Our client sustained a psychological injury during the course of his employment as a result of workplace bullying and harassment. Under the current Workers Compensation Scheme, a minimum threshold of 15% whole person impairment (WPI) is required to seek lump sum compensation for a psychological injury arising from a workplace incident.

This threshold is much higher and more difficult to achieve compared to a physical injury, which requires only 11% whole person impairment.

For this particular client, his quality of life following this psychological injury took a major impact and rendered him effectively unemployable for the foreseeable future.

When instructing us to act for him, our client was seeking justice for the mistreatment. Here at Gerard Malouf & Partners, we strive to give our clients the maximum justice they deserve. And the best way to do that is through maximising compensation.

Following his entitlements for lump sum compensation, where he satisfied the impairment threshold of 15% whole person impairment, we were able to commence a work injury damages claim (common law negligence claim). This was only possible because the minimum threshold requirement of 15% whole person impairment for a lump sum claim is the exact same threshold required in order to pursue a work injury damages claim.

Having already satisfied the impairment rating required, we knew the claim had merits in a work injury damages claim.

After ongoing negotiations with the insurer, the parties ultimately agreed to a settlement that resulted in our client receiving over half a million dollars in payments for economic loss.

Our client placed his trust in Gerard Malouf & Partners to achieve a maximised compensation. For our client, the outcome, coupled with the fact that the process had concluded after many years of turmoil, put him at ease. With this now behind him, he hopes for a brighter future.

How GMP can help your recovery

Gerard Malouf & Partners can help you make a claim for psychological injury so you can focus on improving your mental health.

You have rights as an employee to claim any pain and suffering you may be going through as a result of your job. To make a claim for psychological injury at work, you must:

  • Inform your employer that you are experiencing a work-related mental injury and fill in any forms they give you to document your experience.
  • Prepare to give details about your situation at work that has resulted in mental damage, including symptoms, to your employer.
  • Seek medical attention from a private physician to get a professional opinion on your symptoms.
  • Provide your employer with a copy of the notice for their documentation.
  • Contact your insurance if your employer hasn’t already done so to get a worker’s compensation claim started.

Similarly, if you were involved in a car crash that left you with emotional damages, you will follow similar steps.

If your injury continues and impacts your workday to the point of not functioning at the same level you once were, Gerard Malouf & Partners personal injury lawyers can help you include this in your claim.

If your psychological injury develops as a result of a physical injury, we can help you in this case as well. This is called a secondary injury and is very normal. After a whole-body impairment injury, you could experience psychological pain because you are unable to perform the day-to-day tasks you once loved.

From listening to the details of your case to gathering information and working toward getting you a lump sum compensation payout, Gerard Malouf & Partners mental health solicitors are here to support you every step of the way. We run on a no-win, no-fee basis, so you don’t need to worry about the legal costs until you’ve won compensation.

Contact us today for a no-obligation consultation.

© 2022 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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