Workplace Bullying NSW – Compensation Payouts Guide.

4 July 2023

Injury and Rehabilitation, Workers Compensation

Workplace bullying 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 bullying at work at some stage during their working life.*

But if bullying leads to psychological injury or illness, workplace bullying compensation payouts can be substantial, especially if management has failed to take steps to address it.

Our lawyers have extensive experience in making successful claims for bullying in the workplace in NSW. In this article, we explain everything you need to know about claiming compensation, including:

How to find out if you’re eligible to claim
Examples of successful claims we’ve made and payout amounts
How to make a workplace bullying claim and receive the maximum compensation payout available to you, which may include a substantial lump sum.

*Source: Beyond Blue

Man at work a victim of workplace bullying.

How do I know if I’m 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.

Ask yourself:

Have you had abusive or offensive language or comments directed at you?
Have you experienced aggressive and intimidating behaviour?
Have people made belittling or humiliating comments to you? Do you feel like you’ve received unjustified criticism or complaints?

If you answered yes to any of these questions, and you’ve been repeatedly subjected to the behaviour, it’s likely you’re being bullied.

Can I claim compensation for workplace bullying in NSW?

Start by asking yourself these three questions:

Have you seen a doctor or another practitioner who has diagnosed you with a psychological condition?
Have you suffered any physical injuries or illnesses?
Was your psychological condition, injury, or illness a direct result of workplace bullying?

If you answered yes to questions 1 or 2, and question 3, it’s likely you’re entitled to compensation for workplace bullying.

The third question can be hard 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 can call 13 15 15 and speak to one of our specialist workers compensation lawyers 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.

What’s reasonable management action?

In our experience with workplace bullying claims, we find employers often argue that our client wasn’t bullied and that they took ‘reasonable management action’ – which is action taken relating to work performance that they argue was reasonable. This can include disciplinary action, demotion, transferring out of a department and even dismissal.

To be eligible for workplace bullying compensation, we need to show evidence that your treatment wasn’t reasonable. For example, if your employer failed to follow company policies and procedures in taking disciplinary action that caused your psychological injury or illness, then it may be considered unreasonable.

How much compensation can I claim for bullying in the workplace in NSW?

Workplace bullying compensation payouts in NSW range from thousands of dollars to over one million dollars*.

Here are the types of compensation you may be entitled to:

Workers Compensation Payments NSW	Description
Weekly payments	These are payments to compensate you for lost income while you’re off work.
Medical expenses	Payment of your medical, hospital, ambulance, rehabilitation (including home help) and travel expenses.
Permanent Impairment payout	A lump sum compensation payout to cover a permanent impairment as a result of a work-related injury or illness.
Work Injury Damages payout	Also known as a common law claim, this is a lump sum payout for damages if your injury was caused by your employer’s negligence.

To be eligible for a 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 psychological illness or 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.

Our specialist workers compensation lawyers have extensive experience in claiming bullying at work compensation and can arrange the medical assessments for you and gather all the evidence needed to support your claim. 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 workplace bullying and harassment on the part of her immediate manager and another manager at the agency.

Call 13 15 15 or chat to us now for free advice

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Workplace bullying NSW 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 in front of her students.

Janice initially reported the behaviour to her principal, but the principal failed to take any action. 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 one of our specialist workers compensation lawyers who listened to the situation and told him that Janice could be eligible for compensation. Janice met with Law Partners and immediately after that initial meeting, her 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, we were 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’s lawyer’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 payout exceeded $400,000.

How do I claim the maximum workplace bullying payout?

Navigating the legal system on your own in pursuit of a workplace bullying compensation payout can be extremely difficult, particularly when you’re dealing with a psychological 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 you receive your compensation.

Robert Hopper

Managing Solicitor

An accredited specialist in personal injury law, backed by over 15 years’ experience in assisting injured Australians receive everything they’re entitled to with their workers compensation claim.