Secondary psychological injuries are increasingly common for WorkCover claims made in Queensland. Essentially, these affect workers who develop mental health conditions as a direct result of their physical workplace injuries.
These can include depression, anxiety, and PTSD and can truly impact a worker’s ability to get back on their feet. Still today, many are not aware that they can claim compensation for these psychological symptoms. If you’ve suffered mental anguish as a result of injury, this article could be very beneficial.
Getting to grips with, what are termed, secondary psychological injuries is tough. They often emerge weeks or even months after the initial physical injury, but can be just as damaging.
Unlike primary psychological injuries caused directly by workplace stress or trauma, secondary psychological injuries develop as a consequence of the physical injury itself; whether from chronic pain, disability, loss of capacity, or the stress of prolonged recovery.
This article is your comprehensive guide to making a claim for secondary psychological injuries. We’ll cover in detail:
- Your rights to claim
- The process of making a claim
- The evidence required
- What you’re entitled to
Understanding Secondary Psychological Injuries in WorkCover Claims
So let’s familiarise ourselves with exactly what we mean by a secondary psychological injury. In laymen's terms, it is a mental health condition that develops as a direct consequence of a primary physical injury sustained at work. A key point to note is that these injuries are distinct from primary psychological injuries, which are caused directly by workplace stressors such as bullying, harassment, or traumatic events.
The most common forms are:
- Depression, arising from chronic pain, disability, or the inability to participate in normal activities
- Anxiety disorders, can related to financial stress, fear of getting injured again, or uncertainty about the future
- Post-traumatic stress disorder (PTSD), triggered by the original incident or medical procedures
- Adjustment disorders, usually defined as a difficulty in coping with life changes caused by the injury
A quick example can give some clarity: let’s take the case of a construction worker who suffers a severe back injury and may then later develop depression due to chronic pain, inability to work, and the financial pressures linked to not being able to work. The condition here, i.e. depression, would be considered a secondary psychological injury directly linked to the original physical injury (the injury to his back in this case).
The key distinction is to ask ‘What was the cause?’
The fact is that secondary psychological injuries must be proven to result from the physical injury rather than other life stressors or pre-existing mental health conditions. This is what can sometimes make the process a little more complicated.
Key Legal Framework
Queensland's workers' compensation system for psychological injuries operates under several key pieces of legislation:
Primary Legislation
- Workers' Compensation and Rehabilitation Act 2003 (Qld): Defines "injury" to include both physical and psychological injuries, therefore establishing the framework for secondary psychological injury claims
- Workers' Compensation and Rehabilitation Regulation 2014 (Qld): Sets out the specific requirements for medical assessments and evidence
Regulatory Bodies
- WorkSafe Queensland: Provides guidance on preventing and managing secondary psychological injuries in the workplace
- Medical Assessment Tribunal (MAT): mandates that all psychological injury claims require psychiatric assessment through this independent process
Recent Developments (2023-2025): WorkSafe Queensland, in recent times, has reflected on how best to address secondary psychological injury prevention. They have implemented enhanced early intervention strategies and now require insurers to provide mental health support within 13 weeks of injury reporting.
As mentioned previously, a positive result for the claimant lies in the proof that the psychological injury has been ‘significantly contributed to by’ the original physical injury. What then should be provided is access to weekly compensation payments and medical treatment costs.
Your Rights and Obligations
Your Rights: As a Queensland worker with a secondary psychological injury, you're entitled to:
- Weekly compensation payments (typically 85% of your normal earnings)
- Payment of reasonable medical and treatment expenses including counselling and psychiatric care
- Access to rehabilitation services to support your return to work
- Protection from unfair dismissal while on workers' compensation
Your Obligations: To maintain your entitlement to compensation, you must:
- Report psychological symptoms immediately to the doctor who is treating you and WorkCover insurer
- Make sure that the psychological injury appears on your workers' compensation medical certificate
- Attend all required medical appointments and assessments
- Participate, to the best of your ability, in return-to-work planning
- Provide updated medical evidence as and when requested
Common Applications: There are a number of situations in which secondary psychological injuries may occur. For example:
- A healthcare worker develops PTSD following an assault from a patient, leading to ongoing anxiety about workplace safety and the possibility of a recurrence of the incident
- An office worker experiences depression following a repetitive strain injury (primary injury) that prevents them from performing their daily duties
- A truck driver develops an anxiety disorder after a workplace accident, affecting their ability to drive
Noticing whether your injury has led to such situations and reporting these symptoms early on is a must. Doing so sets you on a path where your claim will be accepted and where you can receive the appropriate treatment.
Common Situations and Questions
Can I claim for depression that developed after my work injury?
Yes, if your depression can be shown to have been directly caused by your physical workplace injury. Remember: You need medical evidence linking the depression to your injury, such as a report from your GP or psychiatrist stating that the depression resulted from chronic pain, disability, or other consequences of your physical injury.
What if I didn't include the psychological injury in my original claim?
You can add a secondary psychological injury to an existing claim by notifying WorkCover and providing an updated medical certificate that includes the psychological condition. However, early reporting improves your chances of getting your claim accepted, so act fast.
Do I need to see a psychiatrist or psychologist?
While your GP can initially diagnose and treat secondary psychological injuries, all psychological injury claims require psychiatric assessment through the Medical Assessment Tribunal (MAT). But don’t worry, having a report like this from a specialised organisation will only strengthen your claim.
Will WorkCover pay for any counselling and therapy I may require?
Yes, if your secondary psychological injury is accepted, WorkCover allows for reasonable treatment costs, including therapy sessions, counselling, and psychiatric consultations. Some insurers may provide early intervention counselling even before a formal acceptance of the claim.
Can pre-existing mental health conditions affect my claim?
Pre-existing conditions don't automatically disqualify your claim. On the other hand, you need to prove the workplace injury significantly worsened your mental health or caused symptoms you hadn’t suffered with previously. Medical evidence clearly distinguishing between pre-existing and work-related symptoms is the best route to take here.
How does the compensation differ between primary and secondary psychological injuries?
Primary psychological injuries can qualify for lump sum settlements, while secondary psychological injuries typically provide weekly payments and medical expenses. It’s worth bearing in mind though that severe secondary injuries may still qualify for common law claims if employer negligence can be shown.
How long do I have to report a secondary psychological injury?
It’s best practice to report your symptoms immediately to your doctor and WorkCover. While there's generally a 6-month period from when you become aware of the injury to when it can be reported, earlier reporting significantly improves the chance of your claim being accepted and ensures you don't miss treatment opportunities.
What happens if WorkCover rejects my psychological injury claim?
You can seek an internal review, provide additional medical evidence, or appeal to the Industrial Relations Commission. Many rejections occur due to insufficient medical evidence, so obtaining comprehensive psychiatric reports often resolves disputes.
Read our article on how to handle a Workcover rejection
Recent Changes and Developments
Enhanced Prevention Focus (2023-2025): WorkSafe Queensland has implemented new guidelines requiring employers and insurers to proactively identify workers at risk of developing secondary psychological injuries. This includes monitoring workers who may have longer recovery periods and providing early mental health support.
Medical Assessment Tribunal Reforms: Recent changes mean that all psychological injury claims go through an independent psychiatric assessment. This is carried out by the Medical Assessment Tribunal, or MAT and ensures consistency in terms of how cases are evaluated across Queensland. Overall, reports suggest that this has led to improved acceptance rates for well-documented claims while filtering out unsupported ones.
Early Intervention Requirements: Insurers must now provide access to psychological support within 13 weeks of injury reporting, even before formal acceptance of the psychological injury is given. This is certainly a step forward towards preventive measures, rather than simply just reacting to issues when they arise, which can cause a person unnecessary distress.
Return-to-Work Modifications: New emphasis on collaborative return-to-work planning requires employers to consider psychological barriers alongside physical limitations. Implementing this has led to more gradual return-to-work programs that address both physical and mental health recovery needs.
Future Outlook: Trends indicate increasing recognition of secondary psychological injuries as legitimate workplace injuries requiring comprehensive support. Going forward, we can expect to see continued development of early intervention programs and more sophisticated assessment tools for establishing the key links between physical and psychological injuries.
Practical Guidance
A Step-by-Step Guide to Claiming for Secondary Psychological Injuries
Immediate Recognition and Reporting
- Notify your treating GP as soon as psychological symptoms emerge
- Ensure the psychological injury is documented on your workers' compensation medical certificate
- Contact your WorkCover insurer to report the additional injury component
Medical Documentation
- Obtain detailed medical reports linking your psychological symptoms to the physical injury
- Request your doctor explicitly state that the psychological injury is ‘significantly contributed to by’ the workplace injury
- Consider seeking specialist psychiatric or psychological assessment
Evidence Collection
- Keep detailed records of just how your psychological symptoms have impacted your daily activities and capacity to work effectively
- Document in the form of a timeline how your symptoms have developed in relation to your physical injury
- Gather evidence of all the attempts you have made to get treated and their effectiveness
Formal Claim Submission
- Submit updated claim forms including the psychological injury component
- Provide all medical evidence supporting the link between your secondary psychological injury and the physical injury
- Cooperate with insurer requests for additional information
Essential Documents to Maintain
- All medical certificates and specialist reports
- Treatment records including therapy and counselling sessions
- Prescriptions for medication and pharmacy records
- Work capacity assessments and return-to-work plans
- Correspondence with WorkCover and your employer
- Evidence of financial impact (lost wages, treatment costs)
Red Flags to Watch For
- Delays in reporting psychological symptoms to medical professionals
- Gaps in medical treatment that may suggest symptoms aren't work-related
- Failure to establish clear causation between physical and psychological injuries
- Pre-existing mental health conditions that aren't properly set apart from work-related symptoms
Available Resources and Support
- WorkSafe Queensland's mental health support services
- Employee assistance programs through your workplace
- Community mental health services for additional support
- Legal advice for complex claims or disputes
Also read: The Hidden Toll: Mental Health Crisis in Australia's High-Risk Professions
When to Seek Professional Help
If you've been in a work injury and are unsure of your rights, it's always a good idea to seek legal advice as soon as possible so you know your options. At Smith’s Lawyers we offer free and no obligation initial advice.
Warning Signs Requiring Legal Advice
- WorkCover has rejected your secondary psychological injury claim
- You're experiencing delays in getting your claim processed or medical approvals
- Your employer or insurer is disputing the connection between your physical and psychological injuries
- You're facing pressure to accept a settlement offer which you don’t feel correctly factors in the extent of your injuries
- You’re dealing with complex causation issues involving pre-existing mental health conditions
Complex Situations Needing Expert Guidance
- Claims involving multiple physical injuries with various psychological consequences
- Situations where your psychological injury prevents return to any form of work (potentially qualifying for TPD claims)
- Cases requiring common law action due to employer negligence
- Appeals to the Industrial Relations Commission or Medical Assessment Tribunal
Smith's Lawyers offer a free initial consultation to help you understand all the options available to you And all claims are run with no upfront costs and no risks with our No Win, No Fee, No Catch promise. Call us anytime on 1800 960 482 for more information.
Key Takeaways
What to Remember
- Secondary psychological injuries are legitimate workplace injuries that develop as a consequence of physical injuries, not separate mental health issues
- Early reporting and proper medical documentation are vital as delays can often mean the rejection of a claim
- You need clear medical evidence establishing the link between your physical injury and psychological symptoms
- WorkCover covers treatment costs and weekly compensation for secondary psychological injuries if accepted
- All psychological injury claims require psychiatric assessment through the Medical Assessment Tribunal
Actionable Advice
- Monitor your mental health closely following any significant workplace injury
- Discuss psychological symptoms with your treating doctor immediately when they come up
- Ensure all medical certificates include both physical and psychological injury components
- Keep detailed records of how both injuries impact your daily life and ability to work
- Seek professional legal advice if you encounter difficulties with getting your claim accepted or feel your compensation is below what you expected
- Consider potential TPD superannuation claims if your combined injuries prevent you from working in your usual occupation or any other occupation
Know what you are entitled to with free advice from our team: For personalised advice and assistance with your secondary psychological injury claim, contact Smith's Lawyers on 1800 960 482 or request a free case review online. Our team serves all of Queensland, from Brisbane, Gold Coast, and Sunshine Coast to Logan, Ipswich, and regional hubs like Cairns, Toowoomba, Townsville, Rockhampton, Bundaberg, and Mackay. It’s always worth getting in touch and getting the right information to help you through this difficult period.
