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Workplace Bullying Compensation Payouts

Each year, approximately one in every 10 Australian workers experiences bullying in the workplace. Fortunately, support in the form of compensation and treatment is available for workers whose health has suffered because of workplace bullying.

In this article we explain what you need to know about compensation for workplace bullying, how to tell if you’re eligible to claim, and how to maximise your workplace bullying compensation amount.

Man at work a victim of workplace bullying.

Workplace bullying compensation payouts – how to establish you’re being bullied.

It may sound obvious but to be eligible for compensation for workplace bullying, you need to initially establish that it’s in fact bullying that you’re being subjected to.

It’s important to note that this behaviour doesn’t just have to be directed 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:

Workplace bullying compensation payouts – how to know if you’re eligible.

To determine whether you’re eligible for workplace bullying compensation, you must meet the following criteria:

It’s important to note that your claim won’t be successful if your injury was caused as a result of ‘reasonable management action’ – which is action taken by your employer 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.

Workplace bullying compensation payouts – what you could be entitled to.

If you’ve been subjected to workplace bullying and suffered an injury or illness as a direct result of this type of behaviour, and your doctor certifies you as totally or partially unable to work, you could be eligible for financial and medical support. Workplace bullying compensation entitlements include:

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 whole person impairment to be at least 15%.

Find out how much you can claim.

Talk to one of our friendly lawyers. We’ll listen to you, review your situation, and tell you how much you can claim.

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

We recently represented a client, Janice, who was a teacher at a primary school and was unfortunately 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 at least 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 prevent the continuation of 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.

Compensation for workplace bullying – what a lawyer can do for you.

Navigating the compensation system on your own in pursuit of compensation for workplace bullying can be extremely difficult particularly when you’re dealing with a serious injury or illness. Having an experienced workers compensation lawyer on your side will give you a much better chance of not only succeeding but ensuring you receive your full entitlements.

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