Yes, if a medical practitioner has diagnosed a condition and your work played a significant role in its development, you may be able to claim psychological injury workers’ compensation WA. Stress or burnout alone may not be enough and formal and reasonable administrative action by an employer can exclude a claim.
Work pressure, bullying, a traumatic incident or a long period of excessive demands can all affect mental health, yet many people are unsure whether any of it counts as an injury. If you are weighing up a workers compensation claim Perth workers can lodge, understanding the legal tests early helps you gather the right evidence. In this article, we cover what counts as a psychological injury, the significant contribution test, the reasonable administrative action exclusion, the claim steps and when legal advice helps.
Key Takeaways
- A diagnosed psychological condition linked to work can be a compensable injury in WA.
- Your employment must have contributed to the condition to a significant degree.
- Formal, reasonable administrative action can exclude a claim, but not in every case.
- Medical evidence and a clear record of events support every stage of your claim.
How Mental Injury Workers Compensation WA Claims Are Decided
The Workers Compensation and Injury Management Act 2023 (WA) treats a disease as an injury from employment if it is contracted in the course of employment and the employment contributed to it to a significant degree. A psychological condition can fall within that test, and so can the recurrence, aggravation or acceleration of a condition you already had.
| Situation | How it may be viewed |
| Anxiety or depression linked to ongoing excessive demands | May qualify if a medical practitioner diagnoses the condition and work significantly contributed |
| Post-traumatic stress after a serious incident at work | May qualify on the same test, supported by medical evidence |
| Bullying or harassment affecting your mental health | May qualify if the evidence links the conduct to your condition |
| Formal suspension or disciplinary action | May be excluded if the action was formal and reasonable |
| General work pressure with no diagnosed condition | Unlikely to succeed without a diagnosis |
Where Workplace Stress Compensation WA Claims Succeed or Fail
Claims usually turn on cause and evidence. When there are several possible causes, some work related and some not, an insurer will look closely at whether your employment is a significant contributing cause. Clear medical reports, a timeline of events and consistent records of what happened at work make that question easier to answer.
Mental health conditions can be challenging to diagnose and treat, and most injured workers see their GP. WorkCover WA supports a clinical guideline to help GPs diagnose and manage them. If your employer or insurer declines liability, you can ask WorkCover WA to determine the issue.
The Reasonable Administrative Action Exclusion
Section 7 of the Act excludes some psychological and psychiatric disorders from being an injury from employment. The exclusion has limits, so the details are important.
When the exclusion applies
A disorder is not an injury from employment if it results wholly or predominantly from administrative action taken by the employer that was formal and reasonable and was not harsh. WorkCover WA describes formal action as including matters such as suspension or disciplinary action.
When it does not apply
The exclusion does not apply if the administrative action was not formal and reasonable on the part of the employer, or was harsh. It also does not apply if your condition did not result wholly or predominantly from the action.
What Steps Can You Follow for a Workers Compensation Claim Perth?
The steps below follow the usual order of a claim, although your circumstances may change when each one is needed.
Step 1: Medical Advice: See a medical practitioner promptly and ask about your symptoms, diagnosis and a certificate of capacity.
Step 2: Employer Notice: Tell your employer about your injury and lodge a workers’ compensation claim form.
Step 3: Written Record: Write down dates, incidents, witnesses and any emails or messages that show what happened.
Step 4: Treatment Records: Follow your treatment plan and keep every receipt and appointment record.
If your claim is not accepted, the dispute is ordinarily referred first to WorkCover WA’s Conciliation and Arbitration Services for conciliation, with arbitration available if it is not resolved.
If the insurer or self-insurer defers its liability decision, provisional payments may be required and can help with limited medical and health expenses and some income support.
What Compensation Can Be Available
Where a claim is accepted, entitlements can include the items below, although the amount and length of each depend on your injury, your medical evidence and the rules that apply to your claim, so it helps to check each one carefully with your insurer or a legal practitioner:
- Income compensation if your condition affects your ability to work
- Medical and health expenses, including treatment from allied health providers
- Permanent impairment compensation where an approved assessor finds a degree of impairment
When Legal Advice Can Help
Psychological claims can be disputed on cause, diagnosis or the administrative action exclusion. Legal advice on psychological injury workers compensation WA matters can help you understand the tests, organise medical evidence and decide how to respond to a decision. Legal practitioners can also represent you at conciliation conferences and arbitration hearings.
Taking the Next Step With Your Claim
A psychological injury claim in WA depends on a diagnosed condition, a significant link to your work and the way the administrative action exclusion applies to your circumstances. The early collection of medical evidence and documentation will be of immense help to your claim. All cases vary and the results will depend upon the causes of your illness and the reaction of your employer or insurance provider to the treatment. Getting legal assistance early and before making any crucial decision will save you from making costly mistakes.
If you are unsure whether your situation qualifies, MPK Lawyers in Perth can review what happened and explain how a psychological injury workers compensation WA claim may apply to you.
Frequently Asked Questions
Can I claim workers compensation for burnout?
A claim depends on medical evidence of a diagnosed condition linked to your work, not on the label of burnout alone. A medical practitioner can assess your symptoms and their cause.
Can I claim if I already had anxiety or depression?
Yes, in some cases. Compensation can cover the recurrence, aggravation or acceleration of an existing condition if your employment contributed to a significant degree. Medical evidence should explain how work affected it.
Can I choose my own doctor for a psychological injury claim?
Yes. You have the right to choose your own treating medical practitioner, and you cannot be required to attend one chosen by your employer or insurer for your treatment.
Does workers compensation pay for psychology sessions?
Reasonable psychological treatment linked to an accepted injury can form part of medical and health expenses. WorkCover WA fee orders set maximum fees for psychology services, so ask your provider about costs.
What is a certificate of capacity?
A certificate of capacity is usually issued by your treating medical practitioner. It conveys information about your injury, incapacity and medical management, which supports your claim and informs your return to work.
Start the Conversation About Your Claim
Mental health claims need clear evidence and timely advice. A first conversation can help you understand where you currently stand.
Book your free initial consultation with our Perth team today.