Workplace Bullying and Harassment Compensation, QLD

Personal Injury, Workplace, and Medical Compensation

Yes, Queensland recognises emotional distress as a valid reason to claim compensation under certain circumstances. Understanding the complicated legal framework that classifies emotional distress can be overwhelming, especially if you’ve recently experienced a traumatic event. You may require a personal injury claim lawyer who sincerely cares for your mental health throughout your case, like WT Compensation Lawyers.

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Partner with WT Compensation Lawyers, a law firm that supports you 100% against workplace and corporate bullying. Our team of highly skilled work accident lawyers have years of experience supporting claimants to stand up for their rights to claim fair compensation, with a well-established No Win No Fee policy and reliable, sympathetic service.

Key Takeaways

  • Bullying is repeated and unreasonable behaviour towards someone or towards a group of people within the workplace that risks their health and safety.
  • Insults, withholding information, social exclusion, and unfair deadlines are all examples of workplace bullying.
  • Actions that are not repeated or unreasonable, such as those taken by managers under Reasonable Management Action, are not considered bullying.

What is Bullying and Harassment?

Bullying in the workplace is defined as repeated and unreasonable behaviour that is directed towards a singular or group of employees that risks their health and safety. Bullying and harassment can include repeated behaviours of intimidation or humiliation and are referenced in several Queensland legal frameworks.

Various laws like the Fair Work Act 2009, Work Health and Safety Act 2011, Workers Compensation and Rehabilitation Act 2003, and Industrial Relations Act 2016 provide a strong legal framework to support bullied and harassed workers. These laws will allow you to lodge a compensation claim to stop the bullying you are going through and compensate for any physical or emotional injuries you’ve suffered.

What is Considered Bullying in the Workplace?

bullying in the workplace
what is considered bullying in the workplace

Bullying is defined as repeated, unreasonable behaviour, although it can take place in many different ways in a workplace environment. Workplace harassment and bullying behaviour is often the product of unequal power dynamics and a lack of critical company structures like human resources. Some common forms of workplace bullying include:

  • Insults and offensive comments
  • Yelling
  • Social exclusion
  • Interfering with work
  • Intimidation
  • Spreading rumours
  • Sexual harassment
  • Setting unrealistic timelines
  • Changing rosters
  • Withholding crucial information

We understand that your workplace relations may involve these examples during moments of high stress or difficulty, but to lodge a successful claim for bullying in the workplace these actions need to take place repeatedly and unreasonably. For a victim of workplace bullying, these distinctions may be difficult to understand, so we recommend contacting a knowledgeable lawyer for harassment at work claims to help relieve the burden from your shoulders.

What is Not Bullying?

Actions are not viewed or labelled as bullying if they are considered to fall under the category of reasonable management action, are once-off single incidents, or happen as a result of workplace conflict. To make a workers’ compensation claim that WorkCover Queensland (WorkSafe) will approve, you must prove you’re being bullied beyond these categories.

Even if at fault, you may have a right to compensation. Start your claims check:

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Can I Claim Compensation for Being Bullied at Work?

compensation for being bullied at work
can i claim compensation for being bullied at work

Yes, you can file a compensation claim for being bullied at work. You can lodge either a workers compensation bullying claim or a common law claim if there is evidence of negligence from your employer. While each claim will require you to prove specific conditions, you will need the following to make yourself eligible for compensation:

  1. Physical or Psychological Injury
    You need to have suffered an injury as a result of your workplace bullying. If this injury was not caused by harassment or bullying, your claim may not be approved under workplace injury law. Psychological conditions like post-traumatic stress disorder (PTSD), trauma, stress, depression, and anxiety must be related to bullying in your experience at work but also be shown to impact your work capacity or performance.
  2. Medical Diagnosis
    If you have suffered a physical or psychological injury due to bullying, a major factor for eligibility is a certified medical diagnosis. Seeking medical attention and documenting evidence will support your claim against your employer and show that there was action taken to treat your personal injury. Your lump sum compensation may include the medical expenses you’ve had to pay due to your workplace abuse lawsuit.
  3. Duty of Care
    In addition to proving that you’ve experienced injury or illness due to bullying or workplace discrimination, you must prove that your employer was negligent in their duty of care. Employers need to identify any risks of bullying, deal with workplace bullying complaints, and create a safe working environment under the Work Health and Safety Act 2011. By filing a complaint to stop bullying at work to your health and safety representative, there is evidence your employer failed to meet their duty of care if they do not respond.

What is Reasonable Management Action?

Reasonable management action is used to help decide whether any case of workplace bullying may have been legitimate managerial action. If an employee experiences actions that could be construed as a reasonable way to remedy poor performance or take disciplinary action, then it may be considered a reasonable management action. Some examples of this can include:

  • Disciplinary actions for misconduct
  • Informing employees about unprofessional behaviour
  • Discussions about poor work performance
  • Requests to meet reasonable standards
  • Informing constraints of reasonable duties

Bullying is quite different from reasonable management action, however, it can be difficult to understand the difference between the two. If you believe you were the victim of adverse action or bullying that has led to psychiatric injury, seek legal advice from lawyers who will be open to hearing your story.

How much do I Receive for a Workplace Bullying Payout?

For the period 2017 to 2018, data from Psychosocial health and safety and bullying in Australian workplaces (6th edition) shows that workplace bullying compensation payouts had a median value of $34,600. However, your actual payout may be even higher as data from Key Work Health and Safety Stats indicates that mental health condition claims received an average payout of $65,402, while mental stress claims received an average of $67,400 in 2022.

Workplace bullying payouts are determined by several factors, including how serious your physical or psychological injury is and the type of claim you lodged. Common law claim payouts will differ from WorkCover claims, with common law claims generally paying out significantly more.

WT Compensation Lawyers | Compassionate Compensation

All around Australia, incidents have led to 1 in 10 workers experiencing workplace bullying that has created a risk to their health and safety. Unfortunately, only a fraction of those individuals will lodge a compensation claim to recoup the loss of earnings and emotional damages they’ve suffered. You, like these workers, may be looking for the right legal team to represent you – that’s why you should choose WT Compensation Lawyers.

We actively strive to make a lasting impact on your life and provide you with refreshingly genuine legal service. If you’ve experienced discrimination or bullying, please contact us for a free case review today. We offer a No Win No Fee policy and will back you 100%.

FAQs on Workplace Bullying Claims, QLD

To deal with bullying in the workplace, contact your fair work ombudsman or health and safety representative and inform them about the bullying you are experiencing. They will endeavour to make you feel safe at work through human resource procedures to stop the bullying.

The main difference is that bullying targets an individual or group, whereas harassment targets a characteristic of the individual. Harassment usually involves elements like age, sex, race, disability, or religion to create a hostile work environment.

What our clients say

Thank you WT Compensation Lawyers for your hard work, commitment and dedication towards settling my case. This was my first ever experience having the helping hand of a lawyer and I’m glad it was with your firm! Thank you very much for making everything seem so easy and clear for me to understand. I will definitely know who I can trust in regards to seeking legal aid

Asipeli Feki

Warm, kind, compassionate, knowledgeable… I could go on and on about Jono and his great team at WT Compensation Lawyers. The words thank you don’t even begin to describe how grateful I am to this great team of personal injury lawyers and for the way they help people and show that they genuinely care about their clients.

R Rasul

I am beyond grateful for the genuine assistance of WT Compensation lawyers to get through with my claim. Absolutely every single person I had contact with at the team were amazing. I especially want to thank Jono Wu who helped me achieve an outstanding outcome.

Virginia Su

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.

Ru McKinnon

Big thanks to WT, Jono, Sinny and the entire team. I couldn’t be happier with boys and the help they’ve given me and my family over the years. Both my sister and partner had car accidents and got unreal results from their claim. These guys are talented, empathetic and genuinely want the best for their clients and I couldn’t recommend them more if you want the best car accident lawyers.

Tylor Bunting

Contact us

WT Compensation Lawyers
Address: Riparian Plaza, Level 38/71 Eagle St, Brisbane City, QLD 4000
Phone: (07) 3924 9544
Email: [email protected]
Hours: Monday to Friday, 8:30 a.m. to 5:00 p.m.

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