A Stronger Connection to the Workplace

(Not Yet Commenced)

The new laws will require a much stronger connection for all primary psychological injuries.

Continue reading to find out what they are.

A stronger connection for all primary psychological injuries

No compensation will be payable for a primary psychological injury unless an injured worker can show three things:

  1. The primary psychological injury was caused by a ‘relevant event’.

    This is the umbrella term for those events that fall under either a ‘conduct claim’ or a ‘trauma claim’, as listed in the article called The Definitions of Psychological Injury (not yet commenced).

  2. There is a real and direct connection between the relevant event (or events) and the worker’s employment.

  3. The worker’s employment is the main contributing factor to the primary psychological injury.

Section 9A (requiring a ‘substantial connection’ between the workplace and the injury) has also been amended to make it clear that it does not apply to claims for primary psychological injuries.

The extra test for ‘conduct claims’

There is an additional test that is needed for conduct claims.

Remember that conduct claims relate to claims allegedly caused by bullying, excessive work demands, sexual harassment and racial harassment.

The requirement is that:

  • an objective test - must be used in order to determine whether the act (or omission) claimed to be the cause of the primary psychological injury actually amounts to being:

    • bullying,

    • excessive work demands,

    • racial harassment, or

    • sexual harassment, and

  • the worker’s perception – is relevant but only to the extent that it is reasonable.

The ‘reasonable management action’ exception has also been strengthened.

Learn more in our next article.