Psychiatric or Psychological Injuries
Psychiatric and Psychological Injury Claims
If you have suffered a psychiatric injury or psychological injury as a result of a traumatic event or abuse or secondary to a physical injury or as a result of bullying, harassment, excessive workload or lack of training and support, you may be entitled to bring a personal injury claim.
Even if you were not at the scene of an accident or other traumatic event, if you have a close connection with the person injured or killed and suffer psychiatric injury as a result, then you may well have an entitlement to bring a nervous shock claim for your psychiatric injury.
The type of claim you bring depends on how the accident happened.
Psychiatric or Psychological Injuries Suffered in a Road Accident
If your psychiatric or psychological injury was suffered as a result of a motor vehicle accident, car accident, truck accident, motorcycle accident, bus accident or any other accident on the road, then you will need to lodge a CTP claim against the insurer of the at fault vehicle. This includes pedestrians, cyclists and scooter riders who have suffered psychiatric injuries as a result of a negligent driver.
For more information on CTP claims, click here.
Psychiatric or Psychological Injuries Suffered at Work
If your psychological injury was suffered at work, or is secondary to a physical injury suffered at work, and you are considered to be a “worker” (which includes some workers operating under an ABN), then you would need to lodge a workers’ compensation claim, or ask for the psychological injury to be included as a part of your workcover claim.
In order for a workers’ compensation claim for psychological injury to be accepted by WorkCover (or a self-insurer), the injury must not have arisen out of reasonable management action taken in a reasonable way.
In the event that your injuries were caused or contributed to by the negligence of your employer or a co-worker, then you would also be able to pursue a common law claim for damages once your statutory workers’ compensation claim ceases.
For more information on workers’ compensation claims, click here.
Psychiatric or Psychological Injuries Suffered in a Public Place or on Someone Else’s Property
If you suffered a psychiatric or psychological injury in a public place, or on someone else’s property, and the event that led to you suffering the psychological injury was caused by someone else’s negligence, you may be able to bring a public liability claim against that person or company.
The types of accidents and injuries that become public liability claims, from which psychological injuries can develop, can include:
- Injuries suffered on a work site whilst working as an independent contractor / subcontractor
- Slip, trip and fall accidents in private or public places
- Injuries caused by defective equipment or faulty products
- Accidents in private buildings
- Accidents at private residences or rental premises
- Boat accidents, jet ski accidents and watersport accidents
- Accidents at public parks, playgrounds and leisure centres
- Accidents at school
- Injuries caused by animals
- Sporting injuries
- Accidents at recreational fun and activity venues
- Accidents at amusement parks and venues
- Aviation and airline accidents
- Physical and sexual assaults
- Psychological injuries suffered as a result of serious injury or death of another
For more information on public liability claims, click here.
Psychiatric or Psychological Injuries Caused by Medical Negligence
If your psychological injury was caused by the negligence of the staff at a hospital and/or a doctor or other health professional, then you may be entitled to bring a medical negligence claim.
A medical negligence claim is brought in largely the same way as a public liability claim, although different time limits apply, so be sure to seek legal advice as early as possible. For more information on medical negligence claims, click here.
What can you claim?
If you have suffered a psychiatric or psychological injury you may be able to recover the following in damages or compensation, depending on what scheme you are covered by (eg if you are under the workers’ compensation scheme you are more limited in what you can claim):
- pain and suffering, loss of amenities and loss of enjoyment of life
- past lost income
- past out of pocket expenses (eg treatment, rehabilitation, medication, transportation, aids, appliances, prosthesis, home modifications, transport modifications, education and training)
- past paid services (eg attendant care and support services, cleaning, cooking, gardening, housekeeping, mowing, etc), provided these services were not being provided prior to your injury
- past gratuitous (unpaid) services provided by family and friends, if those services are provided for at least six (6) hours per week for a minimum of six (6) months, provided those services were not being provided prior to your injury
- interest on any past lost income, expenses or paid services
- future potential loss of income/ earning capacity
- future potential out-of-pocket expenses
- future potential paid services
- future potential (unpaid) gratuitous services provided by family and friends
How can we help?
We will assess the accident or events that led to your psychiatric or psychological injury and will provide you with our expert opinion as to your prospects of success in relation to your claim. If we consider you to have good prospects of success, then we will agree to act on your behalf on a “no win no fee” basis. Click here for more information on how we charge.
Don’t delay! Very strict time limits apply with respect to personal injury claims. Call today for your free initial advice. If we consider your claim to have reasonable prospects of success, then we will agree to act on a no win no fee basis.
FAQs
The short answer is “as soon as possible”. This is so we can:
- assist you with lodging your claim(s) with the CTP Insurer, WorkCover Queensland (or a workers’ compensation self-insurer) and/or any other insurer;
- make sure that your version of events surrounding the development of your psychiatric or psychological injury is accurate and comprehensive;
- give you advice in relation to your rights and obligations;
- ensure that you are telling the insurers and the doctors the whole story;
- ensure that your doctors note down in your medical records all events that transpired and injuries that you have suffered, no matter how minor;
- ensure that the insurer is aware of all events that transpired and the injuries you have sustained;
- ensure that the insurer is paying for all reasonable and necessary treatment (where possible); and
- start compiling the evidence we need in order to put an offer of settlement together for you once your psychiatric or psychological injury is stable and stationary.
There are a number of different procedures for injury claims, depending on how you sustained your injury (eg in a road accident, at work, in a hospital or in a public place).
If your injury arose as a result of a motor vehicle accident, click here to find out how to proceed with your claim.
If your injury arose as a result of a work incident or events, click here to find out how to proceed with your claim.
If you were injured in a public place, at someone else’s home, worksite, business or venue, click here to find out how to proceed with your claim.
If you were injured at the hands of a doctor or hospital, click here to find out how to proceed with your claim.
There are different timeframes for personal injury claims, depending on how you sustained your injury (eg in a road accident, at work, in a hospital or in a public place).
If you suffered psychiatric injury following a road accident:
Where the vehicle at fault has been identified (even if it is unregistered):
You have one (1) month from the date you first consult with a lawyer or nine (9) months from the date of accident, whichever is the earlier, to serve a Notice of Accident Claim Form on the CTP Insurer (or, in the case of unregistered vehicles, the Nominal Defendant, a government insurer).
You can still serve a Notice of Accident Claim Form on the CTP Insurer after the nine (9) month timeframe up to three (3) years after the date of accident but you have to provide a reasonable excuse for the delay.
You will not be able to pursue a claim against the CTP Insurer (or Nominal Defendant) if the claim is brought more than three (3) years after the accident. There are some very limited exceptions to the three (3) year rule, so we would recommend you speak with one of our expert personal injury lawyers to discuss your options in that regard, where applicable.
Where the vehicle at fault is unidentified:
You have one (1) month from the date you first consult with a lawyer or three (3) months from the date of accident, whichever is earlier, to serve a Notice of Accident Claim Form on the Nominal Defendant (a government insurer).
You can still serve a Notice of Accident Claim Form on the Nominal Defendant after the three (3) month timeframe up to nine (9) months after the date of accident but you have to provide a reasonable excuse for the delay.
You will not be able to pursue a claim against the Nominal Defendant if the claim is brought more than nine (9) months after the accident.
If you suffered psychiatric injury as a result of a work event or events:
You only have three (3) years from the date of injury to serve a Notice of Claim for Damages on your employer and WorkCover Queensland and to receive a “compliance” response from WorkCover confirming that you have provided all necessary information.
If steps are not taken within the three (3) year time limit to protect your interests, you could well lose all rights to receive any further compensation/damages. There are some limited exceptions to this rule, however, so you should speak with on our of our expert personal injury lawyers to discuss any options you have in that regard.
If you suffered psychiatric injury as a result of an accident in a public place:
You have one (1) month from the date you instruct a lawyer to act on your behalf or nine (9) months from the date of accident, whichever is the earlier, to serve a Form 1 Part 1 Notice of Claim on the Respondent (ie the individual or company that caused your injury).
You can still serve a Form 1 Part 1 Notice of Claim on the Respondent after the nine (9) month timeframe up to three (3) years after the date of accident but you have to provide a reasonable excuse for the delay.
You will not be able to pursue a claim against the Respondent if the claim is brought more than three (3) years after the accident. There are some limited exceptions to this rule, however, so you should speak with on our of our expert personal injury lawyers to discuss any options you have in that regard.
If a doctor or hospital caused your psychiatric injury:
You have one (1) month from the date you instruct a lawyer to act on your behalf or nine (9) months from the date the medical incident happened or the symptoms first became apparent, whichever is the earlier, to serve an Initial Notice on the Respondent(s) (ie the doctor, hospital or other health practitioners that caused your injury).
You can still serve an Initial Notice on the Respondent after the nine (9) month timeframe up to three (3) years after the date the medical incident happened or the symptoms first became apparent but you have to provide a reasonable excuse for the delay.
You then have twelve (12) months from the date you receive all relevant medical notes and information from the Respondent about the medical services to serve a Form 1 Part 1 Notice of Claim and written report from a medical specialist on the Respondent.
You will not be able to pursue a claim against the Respondent if the claim is brought more than three (3) years after the accident. There are some limited exceptions to this rule, however, so you should speak with on our of our expert personal injury lawyers to discuss any options you have in that regard.
Who you make the claim(s) against will depend on how you sustained your injury (eg in a road accident, at work, in a hospital or in a public place).
If you suffered psychiatric injury following a road accident:
Provided the accident was not your own fault, or not entirely your fault, you will be able to make a CTP claim. You cannot claim if the accident was your fault.
Your claim will be against the CTP insurer of the vehicle that caused or significantly contributed to the accident. Negligence is alleged against the driver of that vehicle but the CTP insurer then takes over the conduct of the matter.
Where the vehicle that caused the accident cannot be identified, the Nominal Defendant (a government insurer) becomes the relevant insurer in relation to your claim.
For “serious personal injuries” sustained in a motor vehicle accident a claim can also be lodged with NIISQ, irrespective of whose fault the accident was.
If you suffered psychiatric injury as a result of a work event or events:
In a common law claim you are alleging that your employer or a co-worker was negligent in some respect, so the claim is directed at your employer but WorkCover Queensland takes the claim over as your employer’s insurer and handles the claim on their behalf.
For “serious personal injuries” WorkCover Queensland (or the workers’ compensation self-insurer) will ask NIISQ to manage all of your necessary and reasonable treatment, care and support needs on their behalf.
If you suffered psychiatric injury as a result of an accident in a public place:
Your claim is directed at the individual or company that caused or significantly contributed to the accident but their public liability insurer takes the claim over on their behalf and pays the compensation.
If a doctor or hospital caused your psychiatric injury:
Your claim is directed at the doctor, hospital or other health professional that caused or significantly contributed to your injury but their public liability insurer takes the claim over on their behalf and pays the compensation.
If you suffered psychiatric injury following a road accident:
Subject to the exceptions set out below, there are simply no adverse consequences to your family member or friend, if they caused the accident, provided their vehicle was registered. They do not even have to pay an excess when you make a claim. The CTP insurer of the vehicle simply takes over the conduct of the matter.
If you were the passenger in a vehicle driven by a family member or friend, you can still make a claim against the CTP insurer of that vehicle (even if it is your own vehicle) and there is no impact upon your family member or friend.
Of course, the CTP insurer will want a statement from your family member or friend about what happened but that would be it. In the unlikely event that the matter was to proceed to trial, they may also be called upon to give evidence if liability is in dispute (ie there is some doubt as to who caused the accident).
Exceptions to the rule:
- If your family member or friend was using the vehicle without the owner’s authority or without legal justification or excuse for using the vehicle, then the insurer will have a right of recovery against the driver for some or all of the compensation and costs paid.
- If your family member or friend intended to harm you or some other person (resulting in your injury), then the insurer will have a right of recovery against the driver for some or all of the compensation and costs paid.
- If your family member or friend was under the influence of alcohol and/or drugs at the time of the accident and their intoxication caused or contributed to the accident, the insurer will have a right of recovery against the driver for some or all of the compensation and costs paid.
- If your friend’s vehicle or family member’s vehicle was not registered, then the Nominal Defendant will have a right of recovery against the owner of the vehicle for some or all of the compensation and costs paid.
If you suffered psychiatric injury as a result of an incident at your friend’s home or property or when using their equipment:
Most homeowners have home and contents insurance, which has public liability insurance attached to that. Most boats, jetskis and the like also have public liability insurance.
Your family member or friend will only have to pay the (usually quite small) excess on their insurance policy and the public liability insurer then takes over the claim. Sometimes no excess at all is payable.
Of course, the public liability insurer will want a statement from your family member or friend about what happened but that would be it. In the unlikely event that the matter was to proceed to trial, they may also be called upon to give evidence if liability is in dispute (ie there is some doubt as to who caused the accident).
Exceptions to the rule:
Your friend’s public liability insurance may not cover them if, for example:
- Your family member or friend was using a vehicle, machinery, equipment or property without the owner’s authority or without legal justification or excuse for using it.
- Your family member or friend intended to harm you or some other person (resulting in your injury).
- Your family member or friend was under the influence of alcohol and/or drugs at the time of the accident and their intoxication caused or contributed to the accident.
A common law claim does not impact financially upon your co-workers at all. They may be required to provide a statement about what happened but that would be it. In the unlikely event that the matter was to proceed to trial, they may also be called upon to give evidence.
With respect to your employer, a workers’ compensation common law claim will have some impact upon their future workers’ compensation premiums.
Every case is different and the amount of compensation or damages payable to you will depend on many things, including:
- How you recover from your injuries
- The medical evidence
- Your age
- What other pre-existing injuries or conditions you had
- What permanent restrictions you have, particularly with respect to your work capacity
- How much you were earning prior to the accident, compared to what your earning capacity now looks like
- How much care and support you have needed in the past and how much you are likely to require in the future
- How much ongoing treatment and medication you need
This depends on how much work is done. For more information on how we charge, click here.
Costs are only payable to the insurer if you proceed to trial and lose or receive a judgement for less than what the insurer has previously offered to you.
Less than 2% of claims actually proceed to trial, so there is almost no chance of you having to pay the insurer’s costs.
In Australia, you are not taxed on any settlement monies that you receive from your personal injury claim. If, however, you invest that money and earn interest or a have a capital gain from that investment, then tax may be payable on that interest or capital gain. You should seek financial and/or accounting advice about this where applicable.
During your free initial consultation, we will:
- Ascertain what injuries you have sustained;
- Discuss the circumstances of the accident or event that led to your injuries;
- Determine whether someone else’s negligence caused or significantly contributed to the accident or event;
- Provide you with advice on your prospects of success;
- Explain the process in relation to your claim and what will be required of you;
- Work out what immediate treatment and rehabilitation needs you have;
- Work out what care and support services you might need;
- Discuss how to get all of your needs met as quickly as possible through the insurer (where applicable);
- Discuss our costs and how we charge; and
- Answer any further questions that you might have.
*East Coast Injury Lawyers is led by Accredited Specialists in Personal Injury Law; Sean Delpopolo, Helen Ashton, Prue Prescott.
Our Promise To You:
- No Win No Fee
- Free Initial Consultation
- Home Visits
- Hospital Visits
- After Hours Visits
- 30% cap on professional fees (excl GST)
- No uplift fees
- No litigation lending or interest charges on outlays
- Immediate Assessment of Your Claim
*Strict time limits apply when making a claim. Do not delay.
