The New Workers’ Compensation Laws in Western Australia – Understand how this will Impact your Workplace Psychological Injury Claim
You might have heard that the workers’ compensation legislation is changing as of 1 July 2024 and be curious about whether you have the right to claim compensation if you have suffered psychological injuries or psychiatric injuries at work.
This article will help you understand your rights, the new exclusions to be aware of and what supporting evidence you may require for a workplace psychological injury claim.
As of 1 July 2024, significant changes are set to take effect with the Workers’ Compensation and Injury Management Act 2023 coming into force and replacing the previous Workers’ Compensation and Injury Management Act 1981.
Understanding Your Rights
It is essential to understand your rights as an employee. In Western Australia, workers’ compensation laws are designed to provide financial and medical assistance to employees who suffer work-related injuries or illnesses. These laws cover a wide range of injuries including physical, psychological and psychiatric injuries as well as occupational diseases.
The New Exclusion Clauses to Psychological Injury Claims:
Under the new legislation, the exclusion for workplace psychiatric injury and psychological injuries has been expanded which will present more obstacles and complexities for injured workers.
Injured workers may be excluded from bringing a claim for workers’ compensation when their psychological and/or psychiatric injury or condition results wholly or predominantly from ‘reasonable administrative action’.
Administrative action will include:
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- an appraisal pf a worker’s performance;
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- suspension action;
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- disciplinary action;
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- anything done and in connection with appraisals of performance, suspension action and disciplinary action;
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- any actions related to demotion, dismissal or retrenchment; and
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- any failure to obtain a promotion, reclassification, transfer or other related benefits, or to retain any benefit in connection with the worker’s employment.
The exclusion will not apply if the administrative action is unreasonable and harsh on the part of the employer, or the psychological and/or psychiatric injury or condition does not result wholly or predominately from the administrative action.
A claim may also be excluded if an injured workers psychological and/or psychiatric injury or condition results wholly or predominantly from the injured worker’s expectation of administrative action or of a decision by the employer in relation to administrative action. The conduct of the employer as to whether it was harsh and unreasonable will not be considered in relation to an expectation of the aforementioned.
Supporting Documentation:
You may be required to submit supporting documentation to substantiate your claim. This may include medical reports, witness statements and any other relevant evidence. Your solicitor and the employer/insurer may also arrange for you to attend independent medical examinations as part of the claim process.
The new exclusion will not apply to claims lodged prior to 1 July 2024, irrespective of the liability decision of an insurer i.e, a pended claim. The exclusions under the 1981 Act will still apply to those claims.
If you have experienced a workplace psychological injury and you are unsure about your eligibility to make a claim, it is crucial to understand your rights. Reach out to us to explore your options and gain clarity on your situation.
How can we help?
We understand workplace psychological and/or psychiatric injuries may be daunting and complex. You will be working directly with a Senior Lawyer supported by an experienced team. We will guide you through the workers compensation claims process in a practical and supportive way.
We take care of the paperwork, the process, meeting deadlines and ensuring that you are receiving the right level of medical treatment. We will advise you on how best to work with your employer to effectively manage your day-to-day responsibilities.
Contact us today for an obligation-free meeting to assist in determining if you have an eligible claim and the appropriate next steps.
