Can you get a workers’ compensation claim if you’re bullied at work?
For some, the challenges of the workplace go beyond deadlines and meetings, particularly when bullying can make coming to work a stressful experience, impacting your well-being. Workplace bullying is a concerning and pervasive issue that is also known to impact productivity and overall job satisfaction.
In recent years, there has been a growing recognition of the negative impact when workplace bullying occurs, prompting legal and regulatory changes aimed at protecting employees’ rights and ensuring a safe and respectful work environment.
If you’re being bullied at work and it is causing you distress, you may be wondering if you can be compensated for this. In this article, we’re going to discuss workplace bullying, what is considered to be bullying, how you can protect yourself, and how workers’ compensation lawyers can help you.
How does the Fair Work Act define workplace bullying behaviour?
Workplace bullying refers to unreasonable behaviours directed towards an employee or a group of employees. Workplace bullying is defined under the Fair Work Act as repeated and inappropriate behaviour directed towards a worker or group of workers that creates a risk to their health and safety.
Bullying behaviours can be performed by anyone, including employers and fellow employees. A wide range of behaviour types can be considered to be bullying, including verbal, non-verbal, and physical acts that are aimed at causing humiliation, intimidation, and exclusion.
Workplace bullying can lead to severe emotional distress for employees, physical or mental health issues, decreased job satisfaction, and reduced productivity.
What are the different types of bullying and harassment?
Verbal bullying
This includes offensive language, verbal abuse, derogatory remarks, and hurtful comments meant to belittle or demean the victim, including discriminatory behaviour pertaining to things such as race, sexual orientation, or gender identity.
Physical violence bullying
Involves physical acts of aggression, such as pushing, shoving, or damaging personal property.
Psychological bullying
This form includes psychological harm caused by tactics like spreading malicious rumours, isolating the victim, and deliberately assigning excessive workloads.
Cyberbullying
With the rise of technology, bullying can extend to online platforms through offensive emails, messages, or social media posts.
Sexual harassment*
Sexual harassment involves unwelcome sexual behaviour, comments, or advances that create a hostile or intimidating work environment. While it can overlap with bullying, it is also specifically protected under anti-discrimination law.
When are you eligible to claim compensation for workplace bullying?
Compensation claims of any type can be complicated and dependent on a wide variety of unique factors. Some of the factors that could impact your eligibility for compensation for bullying include:
- Severity and relevance – the bullying behaviour must be severe enough to cause emotional distress or psychological harm, and it should be related to the victim’s work.
- Duration and pattern – a single isolated incident is less likely to be considered bullying. However, if the behaviour is persistent and repetitive, it may qualify.
- Employer’s responsibility – if the employer fails to address the bullying complaint or contributes to the hostile environment, they could be held liable for workplace bullying compensation payouts.
- Health and safety risk – the bullying behaviour should pose a risk to the victim’s health and safety.
- Documentation and reporting – victims are advised to maintain a record of incidents, including dates, times, locations, and any witnesses. Reporting incidents of aggressive and intimidating behaviour to a supervisor or a health and safety representative is crucial.
What is the process for seeking workplace bullying compensation?
Getting a lump sum compensation payout for workplace bullying in Queensland involves several steps which may differ slightly depending on your situation. Here’s a general overview of these steps:
- Documentation of bullying – as bullying is usually a patterned and repeated behaviour, it’s important to keep record of any incidents where bullying behaviours have occurred. Include information like the dates, locations, people involved and the details of what actually happened.
- Inform your employer – bullying behaviours should be reported to your supervisor, manager, or HR department as per your workplace’s policies. Provide them with the details of the incidents and your concerns.
- Keep records of your reporting – document when and to whom you reported the bullying. If you do it in writing (email or letter), keep a copy. Your workplace has a duty of care to provide you with a safe working environment and this includes taking any reports of bullying seriously.
- Lodge a formal complaint – if the situation doesn’t improve after reporting, you may need to lodge a formal complaint with your employer (this process could differ by workplace).
- If the bullying persists or if reasonable management action has not occurred which adequately addresses your concerns, you can seek help from external bodies. We recommend seeking legal advice in this situation as we can often direct you to the right bodies and/or help with the process.
- If you’ve suffered physical or psychological harm due to workplace bullying, seek medical assessment and treatment. Your medical expenses and records can serve as evidence of the harm caused.
- If you’re seeking a bullying at work compensation claim for the harm you’ve suffered, your lawyer will help you file a claim.
Signs workplace bullying may be affecting your health
Workplace bullying doesn’t always feel obvious at first. Ongoing negative behaviour, unwelcome conduct, or unreasonable demands can slowly wear you down, affecting both your mental and physical wellbeing. You may start worrying about poor performance, even when your work environment has become unreasonable or unsafe.
Common signs that bullying may be impacting your workplace health include:
- Persistent stress or anxiety
- Fatigue, headaches, or muscle tension
- Changes in mood, sleep, or appetite
- Difficulty concentrating or making decisions
- Withdrawal from colleagues or social situations
These pressures can develop into a recognised psychological condition. Australian safety laws require employers to provide a safe working environment. Seeking medical support and documenting your symptoms early can help protect your wellbeing and support a successful claim.
What compensation payouts can I seek for bullying in the workplace?
The amount of compensation you can seek for workplace bullying or workplace harassment is dependent on your situation. However, you may be entitled to a lump sum payout for the pain and suffering you have experienced, medical costs related to the workplace bullying such as counselling costs, the loss of any income and any other expenses that are related to your workplace bullying injury.
Other compensation for bullying at work options for you to consider
Some cases of workplace bullying and harassment can result in a permanent impairment payout if health is permanently affected. Even subtle pressures, like unreasonable work demands or practical jokes, can lead to lost income or stress-related claims. Employees may also have grounds for discrimination claims or face adverse action, such as demotion or unfair treatment, for reporting incidents.
Employers can face disciplinary measures, and in certain cases, an insurance claim may cover treatment costs or ongoing financial support. Workers may also be able to receive weekly payments while resolving their situation, particularly if their case is brought before the Queensland Industrial Relations Commission.
What if I’m still employed at the workplace? Can I make a claim for compensation?
Yes, you can make a claim for compensation for workplace bullying related injuries even if you still work at the same workplace where the behaviours occurred. It’s also important to report the behaviour to your manager or human resources department (or an equivalent) where possible.
If you’re concerned about being terminated due to your claim, seek legal advice to ensure that you understand your options.
If you’ve left the workplace, can you get compensation for workplace bullying?
Yes, you do not need to be working at the workplace to be able to make a claim for workplace bullying compensation. To make a valid claim, you must be able to demonstrate that the bullying behaviours caused your physical injury or psychological injury, which is why keeping records of any incidents, along with a medical certificate or other medical evidence, is extremely important.
If you left your job due to the bullying behaviours, we recommend seeking advice and legal representation from an employment lawyer who can help you to understand the best course of action for workers’ compensation bullying.
Is there a time limit for when I can make a claim for compensation due to workplace bullying?
Yes, there are time limits for making workplace bullying compensation claims and in Queensland this time period is usually 3 years from the date of the incident. However, we recommend seeking legal advice as certain factors could influence your situation. Get advice as soon as possible to ensure you are within the time limit and do not miss any important deadlines.
If bullying has caused you physical or psychological harm, seek help
If you’ve experienced bullying at work and have suffered psychological harm, stress and/or psychological harm due to this, you could be eligible for compensation.
We understand that dealing with workplace bullying and stress can be overwhelming, which is why it is a wise to get advice prior to making a workers’ compensation claim for bullying. Take the time to learn about your situation, gather accurate and relevant information to ensure you understand your options. Alternatively get legal advice and feel free to ask us any questions.
