Workplace bullying and harassment are a big issue in the Australian workforce. These experiences not only affect you mentally but can even physically harm you.
According to a 2024 Australian WHS survey, 41.6% of the respondents reported being bullied and/or harassed at work in the past 12 months. This is almost the same as the 41.3% in the Spring 2023 survey and down from the 56.0% in the Autumn 2023 survey.
Everyone deserves to feel safe and work with integrity. In many cases, workplace bullying and harassment can lead to physical or psychological harm, so you must lodge a workers compensation claim as soon as possible. It covers a wide range of benefits such as regular payments for your medical expenses, income loss, rehabilitation, etc.
Lodging a workers compensation claim can be a bit tricky. It’s always best to consult experienced work injury lawyers who will assess your case personally and find the best claim process for you.
Am I Eligible for Workers Compensation in NSW?
You may be eligible to make a workers compensation claim in NSW if:
- You are classified as a worker under NSW workers compensation laws.
- You were injured at work or developed an illness because of your job.
- Your employment played a significant role in causing your condition.
If you’re not sure about your eligibility, our experienced workers compensation lawyers will assess your situation, understand the details of your work-related injury and guide you towards the best compensation options available.
What’s Included in Workplace Bullying?
These actions can affect your physical and mental well-being and can cause:
- Psychological distress, anxiety and sleep disturbances
- General physical discomforts like headaches and stomachaches
- Reduced work performance and productivity
- Loss of self-confidence, low self-esteem, and in some cases, suicidal thoughts.
If you experience physical or mental health issues as a result of workplace bullying or harassment, you may be entitled to benefits and compensation through the workers compensation scheme.
What’s the Difference Between Workplace Bullying and Workplace Discrimination?
While the terms discrimination, harassment and bullying are often used interchangeably, it’s important to understand their meanings.
Discrimination occurs when an employee is treated unfairly because of personal characteristics such as race, gender or sexual orientation. For example, if a manager denies a promotion based solely on an employee’s sexual orientation, that would be discrimination.
Harassment, on the other hand, is behaviour directed at an employee because of their personal attributes. This could include actions like being subjected to derogatory remarks or offensive comments about someone’s sexual orientation. Bullying is repeated, unreasonable behaviour that harms an individual’s health and safety. For example, if someone is regularly physically intimidated or threatened because of their sexual orientation, that would be bullying.
In short, while all three involve mistreatment, discrimination is about unequal treatment, harassment is about offensive conduct and bullying is about repeated harmful behaviour that creates an unsafe work environment.
How Much Compensation Can I Claim for Workplace Bullying?
The amount you can get paid for workplace bullying depends on the severity of the bullying, the impact on your health and wellbeing and the circumstances of your case. Compensation for workplace bullying can be thousands of dollars to over one million dollars.
Here’s a breakdown of potential entitlements:
| Types of Payment | Benefits |
|---|---|
| Weekly Payments | Compensation for lost income while you’re unable to work. |
| Medical Expenses | Covers medical, hospital, ambulance, rehabilitation, home help, and travel costs. |
| Permanent Impairment Payout | A lump sum compensation if your work-related injury or illness results in lasting impairment. |
| Work Injury Damages Payout | Also known as a common law claim, this provides a lump sum payment if your injury was caused by employer negligence. |
To qualify for a lump sum payout for permanent impairment due to psychological injury, a medical assessor must determine that your injury is classified as a primary psychological injury and that your permanent impairment is at least 15%.
Lump sum payouts for permanent impairment can be significant. For a successful claim, it is crucial that your psychological injuries are thoroughly assessed, documented, and supported by clear evidence linking them to workplace bullying.
What Should You Do If You or Someone You Know Is Facing Workplace Bullying?
Follow these steps if you’re being bullied or discriminated against at work:
- Ask the Individual to Stop. If possible, assertively and politely inform the individual that their behaviour is inappropriate and ask them to cease. You may ask your supervisor, health and safety representative, or union representative to accompany you for support.
- Keep Records. Document every instance of bullying or discrimination, noting the dates, times, people involved, witnesses, and any relevant documents. These records are important for any future claims or investigations.
- Seek Advice at Work. Contact your workplace’s health and safety officer, human resources, or union representative for advice. They can help clarify how your workplace handles bullying and discrimination and what prevention measures are in place.
- Report It. If the inappropriate behaviour continues, report it to your supervisor, manager, health and safety officer, or union representative. If the Fair Work Act governs your workplace, you can also approach the Fair Work Commission for an order to stop bullying.
- Seek Legal Advice. If you need further support or information, contact Wyatts Lawyers. We can help you understand your rights, listen to your concerns, and guide you through your options for addressing the issue.
How Can I Get a Maximum Workplace Bullying Payout?
To secure a maximum payout for workplace bullying, you must ensure that your psychological condition and its impact are thoroughly assessed. It’s vital to prove that the bullying at work caused your condition. As workers compensation insurers often strongly contest these claims, you’ll need solid evidence and a carefully prepared claim.
Start by consulting with one of our expert workers compensation lawyers. They can provide free legal advice and assess the strength of your case. With in-depth knowledge of workplace bullying laws and a track record of successful claims, our lawyers are well-equipped to help you navigate the process and achieve the best outcome.
Contact Wyatts on 1800 773 880 or submit an enquiry to get started!
