Can I claim for Stress under WorkCover? < Back

Can I make a claim for stress?
If your stress condition is caused or aggravated by work, compensation is available.

There is an exception in the WorkCover legislation which is often misused by employers and claims agents to reject work related stress claims.

The exception generally provides that compensation is not payable if the stress is predominantly caused by:
  1. An employer taking reasonable action in a reasonable manner to transfer, demote, discipline, redeploy, retrench or dismiss a worker; or

  2. A decision by the employer based on reasonable grounds not to award or to provide promotion, reclassification or transfer of, or leave of absence or benefit in connection with employment to the worker.

  3. An expectation of 1 or 2 above.
The scope of this exclusion is narrow for the following reasons:
  1. The exception to the above is very narrow and only applies to reasonable action taken in a reasonable manner. Compensation is payable for stress where reasonable action is taken in an unreasonable manner or unreasonable action taken in a reasonable manner; and

  2. Often the action to transfer, demote, discipline, redeploy, retrench or dismiss a worker is the last stage in a chain of events and the evidence will show that the action has been provoked by poor performance, which is an effect of general work stress which predated any action to transfer, demote, discipline, redeploy, retrench or dismiss a worker.
(For more information about Stress Claims click here)

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