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Workplace Bullying Compensation Payouts Guide.

Bullying at work is a serious problem in Australia and a risk factor for anxiety, depression, and suicide. Research shows that nearly half of all Australian employees have experienced workplace bullying at some stage during their working life. *

If you’re being bullied in the workplace, it can become completely overwhelming. Victims of bullying can experience a range of symptoms like anxiety, panic attacks, physical illness, loss of self-esteem, and deteriorating relationships. But if it leads to psychological injury or illness, workplace bullying compensation may be available to cover your losses.

In this article we explain everything you need to know about compensation for bullying and harassment at work, how to find out if you’re eligible, and how to claim the maximum workplace bullying compensation payout available to you.

*Source: Beyond Blue

Workplace Bullying Compensation Payouts Guide.

How do I know if I’m being bullied in the workplace?

To understand if you’re eligible for bullying compensation, the first step is to establish that you are in fact being bullied in the workplace. According to Beyond Blue:

‘Workplace bullying is repeated, and unreasonable behaviour directed towards an employee or group of employees, that creates a risk to health and safety.

It’s important to note that this behaviour doesn’t have to be face to face; it can be online over email, social media, online work platforms or over the phone.

Examples of workplace bullying according to Safe Work Australia include:

So, if you’re being repeatedly subjected to any of these behaviours, it’s likely you’re being bullied.

Am I eligible for workplace bullying compensation?

If you’re being bullied in the workplace, how do you know if you qualify for compensation?

Start by asking yourself these three questions:

The third question can be a little harder to answer, especially with psychological injuries and illnesses. But if you believe that workplace bullying was the cause, then the next step is to get some help with documenting your case and gathering evidence.

You should be aware that an employer may claim your injury was caused as a result of ‘reasonable management action’ – which is action taken relating to your work performance that they can argue was reasonable. This can include disciplinary action, demotion, transferring out of a department and even dismissal. To be eligible for compensation for workplace bullying, you’ll need to show evidence that your treatment wasn’t reasonable.

If you’re not sure if you qualify for bullying at work compensation, you can call 13 15 15 and speak to a specialist workers compensation lawyer, who can advise you over the phone on whether you have a valid claim, and how to pursue your claim. There’s no cost for this service.

How much compensation can I claim?

Workplace bullying compensation payouts in Australia range from thousands of dollars to over $1 million*. If your doctor certifies you as totally or partially unable to work, you could be eligible for weekly benefits to cover your time off work, as well as the cost of your medical treatment.

To be eligible for an additional lump sum payout for permanent impairment, a medical assessor will need to determine that your injury is a primary psychological injury and assess your ‘permanent impairment’ to be at least 15%.

Permanent impairment lump sums can be substantial. To make a successful claim for a permanent impairment lump sum, it’s important that your injuries are assessed and documented correctly and supported by comprehensive evidence that they were caused by workplace bullying. For more information, read our whole person impairment compensation calculator and guide.

A specialist workers compensation lawyer who has experience in compensation for workplace bullying claims will arrange the medical assessments for you and gather all the evidence needed to support your claim. At Law Partners, we’ll also fund your claim for you, so you’ll only need to pay us back after you receive your compensation.

*In a well-publicised case in 2016, a NSW government agency employee was awarded over $1 million for total and permanent disablement based on a psychological injury, and past and future loss of earnings. Her injury was caused by bullying and harassment on the part of her immediate manager and another manager at the agency.  

Find out how much you can claim.

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Workplace bullying case study – recent compensation paid for workplace bullying.

We recently represented a client, Janice, who was a teacher at a primary school and was subjected to intimidating and humiliating behaviour by a colleague over an extended period. Janice’s colleague would not only belittle her in front of other staff members but also to her students.

Janice initially reported the behaviour to her principal, but the principal failed to act or even address the colleague about his behaviour. It continued and as a result, Janice became deeply affected. Physically, she lost weight, couldn’t sleep and suffered from indigestion. Mentally, she lost all confidence and was constantly reliving aspects of the abuse in her mind. Janice was eventually diagnosed with PTSD and was certified unfit to continue working as a teacher.  

Janice’s husband, Steve, was desperate to help her and after Googling ‘workplace bullying compensation’ he came across Law Partners. He had a chat with a specialist workers compensation lawyer who listened to the situation and eventually informed him that Janice could be eligible for compensation for workplace bullying. Steve then convinced Janice to meet with Law Partners and immediately after that initial meeting, her Law Partners workers compensation lawyer got the ball rolling on her claim.

Janice’s lawyer gathered evidence, contacted her employer’s insurer and helped arrange an independent assessment to determine her level of permanent impairment. The diagnosis of PTSD was confirmed, and Janice was assessed as having 19% whole person impairment. As a result, her lawyer was able to claim a lump sum for permanent impairment. Given the fact that her employer failed to put measures in place to stop the bullying after being made aware of it, Janice solicitor’s attention then turned to pursuing a damages claim.

Armed with medical evidence, supporting statements from staff and a thorough understanding of exactly how the injury has impacted her life, Janice’s solicitor went to mediation and successfully settled the claim. Including the lump sum for permanent impairment, Janice’s workplace bullying compensation amount exceeded $400,000.

How do I claim the maximum workplace bullying payout?

Navigating the legal system on your own in pursuit of workplace bullying compensation can be extremely difficult, particularly when you’re dealing with a serious injury or illness. Law Partners can manage and fund your claim for you, to give you the best possible chance of receiving your full entitlements, so you can focus on your own well-being. We win over 99% of our cases and we work on a no win no fee basis, so you’ll only need to pay us after your receive your compensation.

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