Gallagher – how to navigate work-related psychological injury cases

45% of individuals aged 15-44 experience psychological illnesses in their lifetime, research found

Gallagher – how to navigate work-related psychological injury cases

Insurance News

By Roxanne Libatique

Guided by government standards derived from the research of Safe Work Australia, Gallagher is addressing the concerns surrounding psychological health conditions – the fastest-growing cause of illness in the country.

Safe Work Australia's report aims to offer guidance to insurers and claims managers, equipping them to support workers grappling with psychological distress and manage the associated risks effectively.

Gallagher's insights

According to the report, psychological illnesses affect a significant portion of the population, with 45% of individuals aged 15 to 44 experiencing such conditions in their lifetime. Despite this prevalence, there remains a noticeable stigma attached to these conditions, influencing how employees approach workers' compensation claims for work-related psychological factors.

In its latest blog, Gallagher underscored the importance of addressing this stigma, acknowledging its impact on aspects such as disclosure, claim accuracy, and return-to-work timelines.

Gallagher emphasised the need for sensitivity and understanding, recognising their pivotal role in preventing the escalation of compensation-related claim costs.

Turning to the legal landscape, the brokerage giant highlighted the criteria employees must meet to seek workers' compensation for psychological injuries. This includes:

  • being defined as a worker
  • having a diagnosable condition determined by a treating practitioner
  • establishing that work is a significant contributing factor to the psychological injury

On the employer's side, Gallagher outlined the legal obligations in managing psychological injury compensation claims. This involves:

  • consultations with the affected worker, treating practitioners, and rehabilitation providers
  • developing a tailored return-to-work plan
  • providing meaningful duties aligned with the employee's capabilities

Additionally, Gallagher shed light on the provision of provisional liability in certain workers' compensation schemes.

“Some workers compensation schemes offer provisional liability that allows payments to be paid to the affected employee before a decision has been made about the employer's liability in the case,” it said. “This gives the employee access to medical treatment and reduces the stress they might experience while waiting for the decision of liability to be determined.”

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