In previous blogs we have touched on Stress Management, Relaxation Techniques and Work Life Balance. However, can an employee who perceives they are under a considerable amount of stress at work seek compensation for stress from their employer?
The answer to the above stated question is “NO”. You see the word “Stress” does not diagnose a medical condition. Thus, under Workers Compensation legislation (NSW) a claim for stress would be rejected. However, an employee can claim for psychological injury (categorisation for stress) if there is relevant and sufficient medical evidentiary support to prove their statement of claim was a result of their employment. In other words, you can prove that you have suffered a psychological or psychiatric disorder as a result of your work.
Finally, in stating the above, it should be noted that under WorkCover legislation (NSW) compensation would not be payable for a psychological injury as a result (in whole or part) of reasonable action taken or proposed to be taken by or on behalf of the employer with respect to: –
- Performance Appraisal
- Dismissal; or
- Provision of employment benefits
Therefore, if you are feeling stressed due to work it would be a wise move to speak with a Workplace Counsellor and/or your family doctor. Your family doctor will if they deem it necessary provide you with the appropriate Workers Compensation Medical Certificate.
Blu Ripples – “Helping you through life’s ripples”®