What is WorkCover Stress Leave?
WorkCover stress leave is a type of leave that employees in Australia can take if they are suffering from work-related stress that makes them unable to work. To be eligible for WorkCover stress leave, employees must have a medical certificate from a doctor stating that their stress is work-related and that they are unable to work. Employees who are on WorkCover stress leave will receive weekly payments from WorkCover to compensate them for their lost wages.
WorkCover is a lifeline for workers that goes beyond physical injuries and includes the often-overlooked realm of psychological well-being. “Psychological injury” is the general term used to describe the damage that work-related stress, anxiety, and depression can have on mental health. In this way, WorkCover recognises that your mental well-being is just as important as your physical health in the workplace.
Safe Work Australia’s 2022 report on work injuries, health, and safety in Australian workplaces notes that serious claims for mental health conditions have gone up from 6.2% in 2014 to 9.3% between 2020 and 2021. This 9.3% made up 12,155 serious mental health claims, of which 36% were related to stress and anxiety disorders.
The increase in cases shows us that work-related stress is, unfortunately, becoming more prominent. But it also shows us, quite importantly, that people are not shying away from claiming the compensation they deserve.
How Does WorkCover Stress Leave Function?
Preparing for Leave
First, you’ll need to book and attend an appointment with a healthcare professional to get a diagnosis. This medical certificate will need to have the details of your work-related stress. It will also specifically state that you were injured at work – that your stress is caused by something that happened at your workplace.
One thing to remember at this point is to try to keep communication open and transparent with your employer. If you have any emails, text messages, or any other communication in writing, give your lawyers a copy so that they can use it in your case, if necessary. Once approved, you can take your leave with confidence, knowing that prioritising your mental health is not just a right but a necessity.
Support During Leave
Once on leave, remember that your focus should be on your well-being and recovery. WorkCover offers potential benefits, including financial support for medical treatment. Resources and support systems are available to guide you through this journey – you’re not alone, and your well-being matters.
Returning to Work (Optional)
The return-to-work process is important and emphasises open communication with your employer and encourages a safe and supportive working environment. Even after returning to work, always remember the importance of self-care and prioritising mental health. Moreover, if you’re feeling awkward or anxious about returning, keep this in mind as you may find some comfort in the numbers: you’re not the first person ever to claim stress leave, nor will you be the last.
At WT Compensation Lawyers, we understand the challenges you face regarding injuries at work, and we recognise that your well-being is a huge concern. Our commitment is to guide you through the complicated legal aspects of WorkCover stress leave and make sure that you have the support and representation you need to get through this challenging terrain.
Even if at fault, you may have a right to compensation. Start your claims check:
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What Is Work-Related Stress?
Workplace Bullying
Workplace bullying is a constant and harmful pattern of mistreatment. Bullying can be verbal, physical, or psychological, and it can be carried out by one or more colleagues.
This behaviour creates a hostile working environment, and more often than not, the targeted person experiences high levels of stress and anxiety. Some people may find it difficult to label an action as workplace bullying, but it often takes the form of belittling, being excluded from the group, and the misuse of power.
Harassment
Harassment in the workplace involves any unwanted or offensive behaviour, comments, or actions that create an intimidating, hostile, or humiliating atmosphere for the targeted person. Workplace harassment can take many forms, such as verbal abuse, sexual harassment, or discrimination based on race, gender, or other protected characteristics.
When someone is harassed, it can cause significantly high-stress levels and negatively impact an individual’s overall well-being.
Unfair Action Taken by Management
Employees typically look to their leaders for support and fairness. However, when management takes unfair actions, it can remove trust and contribute to work-related stress. Some common examples of these unjust actions include inconsistently applying policies, favouritism, or unfair disciplinary action.
It’s also worth noting that if employees feel like their organisation’s hierarchy is biased or unfair, this will be a significant source of frustration and anxiety amongst employees.
Excessive Workload
Excessive workload is a common cause of work-related stress, as it places extreme pressure on individuals to meet unrealistic demands. An excessive workload often includes long working hours, tight deadlines, and overwhelming tasks.
Over time, the constant struggle to keep up with such a demanding workload can create an ongoing, perpetual state of stress. This is not healthy and will affect job satisfaction and overall quality of life.
How Do I Claim WorkCover Stress Leave?
Are you or a loved one feeling overwhelmed by work-related stress? Making a WorkCover claim for stress leave might be a step you need to take towards recovery. But, the process can be confusing. Here’s what you need to know:
Understand Your Entitlements
Your right to paid sick leave, including sick leave for stress-related illness, falls under Fair Work Australia. You are entitled to full pay during the leave period. However, WorkCover’s specific requirements for stress leave depend on your employer and employment terms.
Beyond Temporary Relief
You might feel a lot better after taking leave, but it’s important to remember that chronic stress often requires more than a quick break. You may need therapy and extended leave for complete recovery. Your doctor will talk to you about your needs and decide on the appropriate length of your sick leave and treatment plan.
Documenting Your Case
As we mentioned above, you’ll need to visit your doctor and get a medical certificate. You can also collect any records of specific instances of stress, including dates, times, and any witnesses, if possible. You may have emails, text messages, and even social media posts that can support your stress compensation claim.
Remember, You’re Not Alone
You don’t have to get through a mental injury claim all on your own. Moreover, understanding the complicated leave process shouldn’t be your burden. So, consider speaking to a qualified lawyer experienced in WorkCover in Queensland claims for guidance and support.
Our WorkCover Stress Leave Lawyers
At WT Compensation Lawyers, we understand the challenges individuals face with following the complexities of WorkCover claims. That’s why we’ve designed a streamlined process to make sure you receive the support and compensation you deserve every step of the way.
- Unburden Your Story: We believe in active listening and empathetic understanding. Share your experience, and let us guide you through your unique situation.
- Empowering Knowledge: Feeling lost in legal jargon? No worries. We offer a free consultation where we’ll walk you through your rights and the legal landscape so that you can make informed decisions.
- Your Dedicated WorkCover Lawyers: Leave the legwork to us. Our experienced team manages all aspects of your claim, from documentation to communication, allowing you to focus on your recovery and well-being.
- Maximise Your Compensation: We’re skilled negotiators who will strategically advocate for your best interests. We aim to secure you the highest possible compensation through effective communication and unwavering dedication.
WT Compensation Lawyers – More Than Just Legal Counsel
We’re your trusted partner in regaining control and claiming workers’ compensation. We’ll navigate complex legal hurdles, fight for your rightful entitlements, and stand by your side to ensure justice is served.
Contact us today for a free consultation and experience the difference between having personalised support and unwavering commitment.
WorkCover Stress Leave FAQs
You’ll need to show two things: that your job did something wrong that caused your stress, and that your stress is connected to your job. If you can prove these two things, you could get help with medical bills, income while you’re healing, and even money for retraining if you can’t do your old job any more. Remember, gathering evidence like emails, notes, and witness names can help you get what you deserve.
For all workplace injuries, WorkCover has 20 business days to make a decision. You may need to have an independent psychiatrist assessment and possibly an investigation. Don’t go it alone! Seek legal advice from your WorkCover lawyers in Brisbane, especially if your employer contacts you about the investigator. Remember, evidence and support are key to claiming your rightful compensation.
Contact Us
When it’s time to talk, we’re not just personal injury lawyers – we’re compassionate listeners. Join us for your free consultation, and let’s take the first step together towards securing the WorkCover compensation you rightfully deserve.
What our clients say
Even if at fault, you may have a right to compensation. Start your claims check:
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Reviews
Ru McKinnon
Jono, Sinny and everyone at WT Compensation Lawyers are the best car accident lawyers in Brisbane I’ve come across. The genuine care, compassion and human kindness they show to their clients is clear from the very first moment you speak to them. I cannot recommend them enough to anyone in need of a personal injury lawyer and would not hesitate at all to refer any of my family or friends. Thank you guys always for all your great work.
Colin Lee
I highly recommend Jono, Sinau and the entire team at WT as personal injury lawyers for anyone in Brisbane looking for the best representation. Jono is a step above other lawyers, both in knowing his craft but also in the way he treats his clients like one of his own family. From the very first moment I met him, he has treated me with respect, kindness and compassion and I am glad to say we have become good friends. WT are genuine and very good people who want nothing more than to do the best thing by their clients so THANK YOU for all that you do.
Laurence Twining
Life changing. Seriously. I would highly recommend Jono without any hesitation to anyone in Brisbane looking for the best car accident lawyer. The word grateful doesn’t even begin to express how I feel after having Jono look after me after my car accident claim. He has single handedly changed my life and has given me an opportunity to move on with a bright future after some of the toughest times after my accident. I previously used a big personal injury firm, one that has ads on tv and big marketing budgets for an old work accident and the experience isn’t comparable at all. Care, empathy, compassion, kindness and always had time for me, no matter what time of day/night or how silly my question was. Jono always made me feel like I was important and always kept me updated with everything that was going on. I only wish I had used WT for my old work accident. My result I got far exceeded my expectations and is only a testament to the great personal injury lawyer that Jono is. If you’re still looking for a car accident lawyer just seriously stop and give Jono a call. You will not regret it.
RD
I can’t thank Jono enough for his outstanding work after my motorcycle accident. His dedication, expertise, and genuine care made all the difference in my case and surprisingly turned a horrific situation into a positive one for me. From day one, he took the time to understand my situation, became a very real pillar of support for me, and kept me informed every step of the way. Jono’s strategic approach and relentless advocacy got me a life changing outcome beyond my expectations. If you’re searching for the best personal injury lawyer in Brisbane who truly goes above and beyond, Jono is your go-to guy. He’s also a great bloke which I’m sure is clear to everyone who has the pleasure of crossing paths with him. I’m so grateful for his expertise, support and friendship and writing this review is just a very small way of me thanking him for changing my life.
Tania Harimate
Sinau and the team at WT Compensation Lawyers have been nothing short of amazing. From the beginning, they made me feel comfortable with the process and were so easy to contact. Sinau was very professional and always calling me to keep me updated with my claim. He would always go out of his way to make sure my family and I were okay which I am really grateful for. His kind words and professional advice during a dark time in my life was the glimmer of hope that I needed to keep going. I will always be recommending Sinau and the team at WT to my friends and family, as I truly believe they are the best WorkCover lawyers in Brisbane. From the bottom of my heart, thank you for looking out for your Pasifika people Sinau. It is rare that we see people like you who genuinely care for our community and for that I thank you.