NSW Govt Seeking To Curb Explosion of Workplace Psychological Injuries
The NSW Government is introducing reforms to WHS and workers’ compensation laws regarding psychological injuries.
The number of psychological injury claims has doubled in 6 years, compared to other injuries which have grown by 16%.
On average, 88% of workers who suffer physical injuries return to work within 13 weeks, however 40% of workers with psychological injuries are still off work 1 year later.
Under the proposed changes, a bullying and harassment claim will need to be heard by the NSW Industrial Relations Commission before it can made through the workers compensation system.
Take Out Point: Some bullying claims arise after an employee is subjected to performance management. The requirement of a finding of bullying by the NSW IRC may act as a deterrent to unmeritorious claims. The Commission will determine whether the employer’s conduct amounts to reasonable management action or unreasonable bullying behaviour.