A personal injury is not always physical.

An accident, traumatic event or workplace experience can result in a psychological or psychiatric injury that affects a person's health, employment, relationships and everyday functioning.

Psychological injury claims can arise in several contexts in Queensland, including workplace incidents and motor vehicle accidents. However, the legal requirements depend on how the injury occurred and the compensation scheme that applies.

WorkSafe Queensland also emphasises the importance of early psychological support and treatment for workers experiencing psychological injury.

What Is a Psychological Injury?

The terms psychological injury, psychiatric injury and sometimes mental injury are used in different legal and compensation contexts.

Conditions involved in a claim may include, depending on the medical evidence:

• post-traumatic stress disorder (PTSD);
• anxiety disorders;
• depressive disorders;
• adjustment disorders; and
• other recognised psychiatric or psychological conditions.

Experiencing stress, anxiety or distress following a difficult event does not necessarily establish a compensable psychological injury.

Medical evidence concerning the person's condition, diagnosis, cause and resulting impairment will usually be important.

Psychological Injuries in the Workplace

A psychological injury can arise from a person's employment in many different circumstances.

Examples might involve:

• exposure to a traumatic event;
• repeated exposure to distressing material or incidents;
• workplace bullying or harassment;
• workplace conflict;
• excessive or unreasonable work demands;
• violence or threats of violence;
• a traumatic workplace accident; or
• psychological consequences developing after a serious physical workplace injury.

Whether an injury is compensable depends on the facts and the requirements of Queensland's workers' compensation legislation.

Making a Workers' Compensation Claim for Psychological Injury

Queensland workers can apply for workers' compensation for psychiatric or psychological injuries arising out of, or in the course of, their employment.

Importantly, the legislation now provides for early support while a psychological injury claim is being determined. An insurer must take reasonable steps to provide reasonable support services during the period between the application being made and the insurer deciding whether to accept or reject it. Examples under the legislation include counselling and mediation.

WorkSafe Queensland states that treatment available while a claim is being assessed may include GP mental-health appointments, psychology or counselling, psychiatry appointments, medication and reasonable travel expenses associated with treatment.

This means a worker should not necessarily assume that they must wait for a final decision on liability before accessing support.

What Is the Reasonable Management Action Exclusion?

One of the most important issues in Queensland workplace psychological injury claims is reasonable management action taken in a reasonable way.

A psychological injury caused by reasonable management action, where that action was taken reasonably, is generally excluded from workers' compensation.

Management action can include matters such as:

• performance management;
• providing feedback;
• investigating complaints or misconduct;
• changing a worker's role;
• disciplinary action;
• decisions concerning promotion or transfer; and
• termination of employment.

However, the fact that something can be described as “management action” does not automatically determine the issue.

Consideration must also be given to whether the management action itself was reasonable and whether it was carried out in a reasonable way.

WorkSafe notes that the circumstances of the particular workplace and the manner in which the action was undertaken are relevant.

Does the Exclusion Apply to Every Workplace Psychological Injury?

No.

The reasonable management action exclusion is relevant where the psychological injury was caused by management action.

It does not mean that psychological injuries arising from other workplace circumstances are automatically excluded.

WorkSafe also identifies particular treatment under the legislation for certain first responders and other eligible workers diagnosed with PTSD by a psychiatrist.

Each claim therefore needs to be considered according to its particular cause and circumstances.

Psychological Injury Following a Physical Workplace Injury

Sometimes the initial workplace injury is physical, but psychological difficulties develop during the person's recovery.

For example, a worker dealing with significant pain, loss of independence, prolonged absence from employment or uncertainty about their future may subsequently develop a psychological condition.

Queensland's current workers' compensation legislation specifically requires insurers that have accepted a physical injury claim to take reasonable steps to minimise the risk of a secondary psychiatric or psychological injury. This can include providing reasonable services such as medical treatment, counselling and support.

This has become an increased regulatory focus in Queensland during 2026–27.

Related article: Workers' Compensation Claims in Queensland: What Injured Workers Need to Know

Psychological Injuries After a Motor Vehicle Accident

Psychological injuries can also arise following a motor vehicle accident.

A person may experience psychological consequences associated with the accident itself, serious physical injuries or the aftermath of the collision.

Queensland's CTP scheme provides compensation and access to reasonable and appropriate treatment and rehabilitation for people injured in motor vehicle accidents caused wholly or partly by another driver.

MAIC's current rehabilitation framework specifically provides for mental-health treatment plans for people receiving treatment through the CTP scheme.

A CTP claim involving psychological injury will ordinarily require appropriate medical evidence establishing the condition and its relationship to the accident.

Related article: What to Do After a Motor Vehicle Accident in Queensland

What if You Had a Pre-Existing Psychological Condition?

A history of anxiety, depression or another psychological condition does not necessarily prevent a person from making a personal injury claim.

The important question may instead be what effect the accident or workplace event had on the person's condition.

For example, medical evidence may need to address whether the event:

• caused a new condition;
• aggravated an existing condition;
• accelerated an existing condition; or
• produced symptoms that would probably have occurred irrespective of the event.

Pre-existing medical records can therefore become relevant when causation and damages are assessed.

A pre-existing condition should not simply be concealed. Accurate medical evidence about the person's condition before and after the relevant event is usually important.

What Evidence Is Important?

Psychological injury claims often depend heavily on medical and factual evidence.

Relevant material can include:

• GP records;
• psychologist records;
• psychiatric assessments;
• hospital records;
• medication history;
• employment records;
• workplace correspondence;
• incident reports;
• witness evidence;
• performance-management records;
• complaints or grievance documents;
• records of time away from work; and
• evidence of past and current income.

In workplace matters, contemporaneous emails, messages and records can be particularly important where there is a dispute about what occurred.

Do You Need to See a Psychiatrist?

Not every person experiencing psychological symptoms will initially see a psychiatrist.

A GP is often the first point of contact and may recommend counselling, psychology or psychiatric assessment depending on the circumstances.

However, psychiatric evidence can become particularly important where there is a dispute about diagnosis, causation, prognosis or permanent impairment.

The appropriate medical evidence will depend on the particular claim.

What Compensation May Be Available?

The compensation available depends on the scheme under which the claim is made.

Depending on the circumstances, compensation may relate to:

• treatment and rehabilitation;
• loss of income;
• future loss of earning capacity;
• pain and suffering or general damages;
• medication and medical expenses; and
• future treatment requirements.

A psychological injury can have substantial economic consequences where it prevents a person from returning to their former occupation or limits their capacity to remain in employment.

The value of the claim therefore cannot be determined merely from the diagnosis.

What About a Common Law Claim Against an Employer?

A statutory workers' compensation claim and a common law damages claim are different.

Statutory compensation does not generally require the worker to prove employer negligence.

A common law claim does.

For a common law damages claim, it is necessary to consider whether the employer breached its duty of care and whether that breach caused the worker's injury and resulting loss.

This may involve questions about matters such as:

• workplace systems;
• known psychological risks;
• complaints made by the worker;
• workload;
• supervision;
• exposure to traumatic events;
• bullying or harassment allegations; and
• what the employer knew or ought reasonably to have known.

The fact that a worker develops a psychological injury does not, by itself, establish employer negligence.

Psychological Injury and Capacity for Work

One of the most significant consequences of a psychological injury can be its effect on employment.

Some people return to their former role relatively quickly.

Others may be able to return only gradually, work reduced hours, change duties or move to another workplace or occupation.

For more significant injuries, medical evidence may need to consider the person's longer-term capacity for employment.

This can be particularly important when assessing future economic loss in a common law claim.

How Long Do You Have to Make a Claim?

Time limits depend on the type of psychological injury claim being pursued.

A workplace psychological injury claim is subject to Queensland workers' compensation requirements, while a psychological injury arising from a motor vehicle accident is subject to the CTP claims process.

Different notification requirements and limitation periods can therefore apply.

It is important not to assume that the general three-year personal injury limitation period is the only deadline that matters.

Related article: How Long Do You Have to Make a Personal Injury Claim in Queensland?

What if a Workers' Compensation Psychological Injury Claim Is Rejected?

A rejected workers' compensation claim is not necessarily the end of the process.

Queensland's workers' compensation system provides mechanisms for review of certain insurer decisions.

A claim may be rejected for various reasons, including a dispute about whether employment sufficiently contributed to the injury or whether the reasonable management action exclusion applies.

Because review periods can be strict, advice should be obtained promptly after receiving an adverse decision.

Early Treatment Is Important

A compensation claim should not become a substitute for treatment.

WorkSafe Queensland expressly encourages workers with psychological injuries to access support early, noting that early treatment may assist recovery and help prevent symptoms worsening.

Similarly, Queensland's CTP framework provides mechanisms for mental-health rehabilitation following motor vehicle accidents.

The legal claim and the person's recovery should therefore be approached as related but distinct issues.

Every Psychological Injury Claim Is Different

Psychological injury claims can be complex because the injury may have developed over time and there may be several contributing factors.

A proper assessment may require consideration of:

What happened?

What condition has been diagnosed?

What caused or contributed to that condition?

How has the condition affected the person's ability to work and function?

Which compensation scheme applies?

Are any statutory exclusions relevant?

Those questions cannot reliably be answered from the diagnosis alone.