by Tom Maling
Given the amount of time we spend at work and the high rate of Australians who experience a mental illness each year (approximately 4 million), it’s hardly surprising that work often causes a mental illness, or makes someone’s mental illness worse.
Whether a nurse working on the front line of health care or a supervisor in the ranks of a government department, everyone deals with pressures at work that have the potential to impact on their mental health. Comcare is the framework under which Commonwealth Government employees can apply for workers compensation, whether physical or psychological. For ACT Government workers, EML manage claims for injuries, but applies the same law as Comcare.
There are special laws limiting the circumstances when an employer is liable to pay you compensation for a psychological injury. If you think you may have received a psychological injury from work, it’s very important you understand the law prior to making a claim.
Tips for making a claim
As you can see, the reasonable administrative action rule provides a defence for employers when a worker suffers a psychological injury. Given the very wide scope of the rule, it is imperative that claims are made at the right time, as the consequences for a worker are very harsh.
See our article Five Tips for Comcare and EML Submissions for our best tips.
Often, a claim which is appropriately made can show that a reasonable administrative action actually had no bearing on the injury, or that an action was not reasonably taken. Alternatively, a claim can be made before the employer can say it was caused by a reasonable administrative action.
What makes elringtons specialists in psychological injury claims?
Our workers compensation lawyers use their comprehensive knowledge of the Comcare claims system to the advantage of our clients. Each member of our team has specialist knowledge and experience that makes them uniquely positioned to get you the best outcome in your Comcare psychological injury claim.
- Tom Maling was a mental health nurse.
- Gabby Bridger has a degree in psychology.
- Matt Bridger has been assisting workers for 30 years.
We offer free half hour consultations to discuss Comcare claims, so call our team today to book your appointment.
IMPORTANT: If you (or someone you know) are experiencing symptoms of a mental illness you should seek help from your GP immediately. Alternatively, other resources you may access include:
- ACT Mental Health Crisis and Assessment Team 1800 629 354 (http://www.health.act.gov.au/our-services/mental-health).
- Lifeline 13 11 14 (https://www.lifeline.org.au)
- Canberra Comcare Lawyers
- Workplace Psychological Injuries
- Five Tips for Comcare and EML Submissions
- Personal Injury – Physical and Psychological (Mental) Injuries
- Comcare and EML ‘cease effects’ decisions