Yes, you may be able to claim through WorkCover Queensland for a work-related psychological injury, but ‘stress leave’ on its own is not a WorkCover claim.
Stress leave usually means taking time off using your personal (sick) leave. A WorkCover claim is separate and requires medical evidence.
To claim WorkCover for a psychological injury, you generally need:
- A doctor to diagnose a work-related psychological injury
- Evidence that your work was a significant contributing factor
If your claim is accepted, WorkCover may assist with:
- Lost wages while you are unable to work
- Medical and psychological treatment costs
Stress Leave and a WorkCover Claim Are Two Different Things
The phrase 'stress leave' causes a lot of confusion, because it is not a term used in Queensland law. When people say they are taking stress leave, they usually mean they are using their paid personal leave (sick leave) because work has become too much.
Full-time employees in Australia accrue 10 days of paid personal/carer's leave each year under the National Employment Standards. Part-time employees accrue a pro-rata amount. You can use this leave for a mental health day or a longer break, the same way you would for the flu.
A WorkCover claim is different. It is a workers' compensation claim for an injury that your work caused or made significantly worse. If your time off is driven by a diagnosed psychological injury linked to your job, you may be entitled to WorkCover benefits on top of, or instead of, using your own accumulated leave.
The difference matters for your entitlements and finances:
- Personal leave: These use your own leave balance and can run out over time.
- WorkCover weekly payments: These are separate from your personal leave and may continue while you recover from a work-related injury.
What Counts As a Work-Related Psychological Injury
Under section 32 of the Workers' Compensation and Rehabilitation Act 2003 (Qld), 'injury' includes a psychiatric or psychological disorder, or an aggravation of one, where your employment is a significant contributing factor. In plain terms, your work does not have to be the only cause, but it has to be a real and meaningful one.
Common examples of a work-related psychological injury include conditions linked to:
- Workplace bullying or harassment
- Exposure to traumatic events
- An unreasonable or prolonged workload
A single bad day or normal workplace pressure is usually not enough for a WorkCover psychological injury claim.
You generally need a diagnosed condition, such as adjustment disorder, anxiety, depression, or post-traumatic stress disorder (PTSD), confirmed by a treating doctor or psychologist.
Since 22 October 2019, the test has been easier to meet. The word 'major' was removed from the psychological-injury definition, so work now only needs to be a significant contributing factor. This brought Queensland into line with most other states.
If your psychological injury developed on top of a physical work injury, such as depression after a serious back injury, that is a secondary psychological injury and follows its own rules.
You can find out more about this in our guide to secondary psychological injuries in WorkCover claims.
The ‘Reasonable Management Action’ Exclusion
Reasonable management action is one of the main reasons WorkCover psychological injury claims are refused, so it is important to understand before making a claim.
Under Section 32(5) of the Act, a psychological injury may be excluded if it results from management action deemed reasonable by an employer.
Examples of reasonable management action can include:
- Transferring, demoting, or redeploying a worker
- Disciplinary action
- Retrenchment or dismissal
- Decisions about promotion, reclassification, or leave
The exclusion can also apply to your perception of reasonable management action, as well as actions taken by the Regulator or insurer in relation to your claim.
The test is objective. WorkCover considers whether the action itself was reasonable and whether it was carried out reasonably, based on what an average person would have done in the same circumstances.
The difference can be subtle. A fair performance review handled professionally is usually considered reasonable management action. However, a process carried out in a humiliating way or used as a cover for workplace bullying is likely to fall outside this exclusion.
WorkSafe Queensland publishes a worker's guide that walks through where the line tends to sit.
Your Entitlements and Obligations
Below, let’s take a look at what things you might be able to claim through WorkCover and what you might have to do to reach that stage:
What you may be entitled to:
- Weekly payments to replace lost wages while you cannot work, calculated as a percentage of your normal weekly earnings that steps down after the first 26 weeks
- Reasonable treatment costs, including GP visits, psychology sessions, and medication
- Rehabilitation and return-to-work support, including treatment costs
- A lump sum for permanent impairment, if your injury stabilises and is assessed as permanent
What you must do:
- See a doctor and get a workers' compensation medical certificate for a psychological injury
- Lodge your claim with WorkCover, generally within 6 months of the injury being assessed (s131)
- Take part in reasonable rehabilitation and keep up to date with your treatment
- Keep your own records of what happens, including any documentation
Work-related mental health conditions are among the most serious claims in terms of the impact they have on the workforce.
Safe Work Australia found that in 2022–23, serious claims for mental health conditions resulted in a median of 35.7 weeks away from work. This was almost five times higher than the 7.4-week median across all serious claims nationally.
Common Scenarios and Questions
Can I still get WorkCover if I already took sick leave for stress?
Yes. Using personal leave first doesn’t stop you lodging a WorkCover claim at a later date. If your claim is accepted, weekly payments can cover the period you were off, and in some cases used leave can be re-credited.
Does my claim fail automatically because my manager was involved?
No, not automatically. Management involvement only defeats a claim if the action was reasonable and carried out in a reasonable way. If you were bullied, singled out, or a process was misused, the reasonable management action exclusion may not apply.
Can I be sacked for lodging a psychological injury claim?
No, you can’t. It is unlawful for an employer to dismiss you because you have lodged or intend to lodge a workers' compensation claim. If that happens, it may give rise to separate legal action. Always keep written records and seek legal advice quickly.
Can casual workers claim WorkCover for a psychological injury?
Yes. WorkCover Queensland eligibility is based on whether you are a worker, not whether you are a permanent employee. Casual, part-time, and full-time workers can all make a claim for a work-related psychological injury.
What if WorkCover rejects my claim?
You can apply to have the decision reviewed. A rejection is not the end of the road. Many psychological claims are refused on the reasonable management action point and later overturned on review with the right evidence.
Step-by-Step Guide: Making a WorkCover claim for a Psychological Injury
- See your doctor. Ask for a diagnosis and a workers' compensation medical certificate that names a psychological injury and links it to your work.
- Tell your employer. Report the injury to your employer, ideally in writing, so there is a clear record of the date.
- Lodge your claim with WorkCover. You can apply online or by phone. Do this within 6 months of the injury being assessed.
- Attend assessments. WorkCover may arrange an independent medical examination and will gather information from your workplace.
- Get a decision. WorkCover accepts or rejects the claim. If it is accepted, weekly payments and treatment funding begin.
- Review, if needed. If your claim is rejected, or you disagree with a decision, you can seek a formal review.
Documents you'll need
- Workers' compensation medical certificate: confirms your diagnosis and that work was a contributory factor. Your GP or treating psychologist can prepare this for you.
- A written account of what happened: dates, incidents, names, and any impact on your health. Write it while it’s fresh in your memory.
- Supporting records: emails, rosters, complaints, HR correspondence, or witness details that show what occurred at work.
- Payslips: used to calculate your normal weekly earnings for when WorkCover wants to make weekly payments.
Legal framework
- Workers' Compensation and Rehabilitation Act 2003 (Qld), s32: defines 'injury' to include a psychiatric or psychological disorder where employment is a significant contributing factor.
- Workers' Compensation and Rehabilitation Act 2003 (Qld), s32(5): excludes psychological disorders arising from reasonable management action taken in a reasonable way, including your perception of that action.
- Workers' Compensation and Rehabilitation Act 2003 (Qld), s131: sets the 6-month time limit to lodge a claim, running from when your entitlement arises.
What this all means for you:
If you are a worker in Queensland, you have the right to make a WorkCover psychological injury claim if your condition is work-related. However, two issues often determine whether a claim succeeds:
- The reasonable management action exclusion
- The 6-month claim deadline
It’s good to know that the Workers' Compensation and Rehabilitation and Other Legislation Amendment Act 2024 (Qld), which started on 23 August 2024, introduced changes designed to provide earlier support for injured workers and faster access to interim payments once a claim is accepted.
Things to Watch Out For
Be on the lookout for any of the below. These are all big red flags and may affect your claim:
- WorkCover leans too heavily on 'reasonable management action' without properly examining how the action was carried out
- You are pressured to return to work before your treating doctor agrees you are ready
- An independent medical examiner downplays the link between your work and your injury
- You are asked to give a recorded statement about workplace conflict without prior advice
Easy mistakes to make:
- Waiting past the 6-month window before lodging
- Describing your condition only as 'stress' rather than getting a proper diagnosis
- Assuming a rejection is final and not seeking a review
- Resigning before getting advice, which can affect both your claim and other options
When to Seek Legal Advice
Consider getting advice if:
- Your claim has been rejected, especially on reasonable management action grounds
- Your injury involves bullying, harassment, or a traumatic event at work
- You are being performance-managed or disciplined at the same time as making a claim
- Your psychological injury is permanent or is stopping you returning to your job
Why early advice matters:
Psychological injury claims are often assessed closely by insurers, particularly where the reasonable management action exclusion may apply.
If a claim is rejected or an early settlement offer is made, it can be difficult for an unrepresented worker to know whether the decision has been properly assessed.
A lawyer can help by:
- Gathering relevant medical and workplace evidence
- Ensuring the claim is assessed against the correct legal test
- Advising whether a separate common law claim may apply if negligence is involved
For the broader picture, see our guide to workplace psychological injury claims in Queensland.
Key takeaways
Remember these essential points:
- 'Stress leave' is personal leave, not a WorkCover claim. The two are separate, and you can pursue a claim even after using sick leave.
- A diagnosed work-related psychological injury may be claimable under the Workers' Compensation and Rehabilitation Act 2003 (Qld) if work was a significant contributing factor.
- Reasonable management action taken in a reasonable way is excluded, and it is the most common reason claims are refused.
- You generally have 6 months from when a doctor assesses the injury to lodge.
- A rejection can be reviewed, and the right evidence often changes the outcome.
Get Help Now
If work has affected your mental health, Smith's Lawyers can help you understand whether you may have a WorkCover psychological injury claim in Queensland. Get a free initial assessment with no obligation to find out what options may be available.
Contact Smith's Lawyers today:
- Call 1800 960 482 for a free, no-obligation consultation about your situation
- No upfront costs: We operate on a No Win, No Fee, No Catch® basis; you only pay if we secure compensation for you
- Or request a call back: Use the form below to have our experienced team get in touch at a time that’s convenient for you.
