Managing the school's legal risks

Can You Claim Workers' Compensation Benefits Because of Harassment?

In an ideal world, everyone within their busy workplace would get along with each other, and problems would never arise. However, this is far from guaranteed, and, unfortunately, some employees may be victims of bullying or harassment. If you are in this situation, did you know that you may be able to claim compensation, including a potential lump-sum payment? What do you need to understand about psychological or psychiatric injuries at work and your rights?

Recognising The Challenge

The law understands that a psychiatric or psychological injury can be just as debilitating as a physical one. Regulators know that bullying or harassment might cause long-term injury and make it very difficult for the affected person to perform as they once did. The law also understands that repercussions can be widespread and could affect many other parts of that individual's life. This is why the workers' compensation legislation makes it possible for people to claim for injuries in this scenario.

Weekly Benefits

When a claim is successful, an injured worker may be able to get weekly benefits during the time that they are incapacitated and unable to work. They may also build a claim for reasonable medical expenditure as they seek treatment on an ongoing basis for their injuries.

Whole Person Impairment

The law also has a relatively complicated system based on something called "whole person impairment." The affected individual needs to prove that their injuries had resulted in a specific level of impairment within that system. Should they do so, they may then be able to claim lump-sum compensation.

Presenting Your Claim

Still, it can be more challenging to improve psychological or psychiatric injury in this situation. After all, somebody who suffered a physical injury can point to clear medical records provided by a professional and backed up by x-rays or other tests. In this case, you certainly need to bring in medical professionals who specialise in this area and who can confirm that the injuries you suffered were indeed attributable to the workplace.

Legal Support

It's best if you also get professional legal help with what might be a particularly complicated claim. When you work with lawyers who specialise in workers' compensation programs, they will have come across claims like this before. They'll certainly know how to present all the information clearly and follow up whenever needed. If you get any pushback from the scheme administrators, your legal representative will also know what to do.

For more information on workers' compensation, contact a professional near you.

About Me

Managing the school's legal risks

When you work in a school it is very important to find a balance between legal risks and the desire to create a fun and vibrant atmosphere for our students. The law in this area is always changing and it's important to stay up to date with any changes. This blog has some resources for school administrators who want more information on legal risks for schools as well as some tips on how to find more information. I hope it will help demystify the area of school legal risk and be a useful starting point for any questions you might have.


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