Relevant conduct psychological injuries
A guide for injured workers
This guide is general information only, and is not legal advice.
A relevant conduct claim is a workers compensation claim for a primary psychological injury caused by specific conduct at work. Following recent reforms to NSW workers compensation legislation, general work stress, burnout, or interpersonal conflict are no longer sufficient on their own for a compensable injury. The injury must arise from one of four defined categories of conduct. Conduct that does not fall within one of these categories is not compensable.
Workplace bullying
Repeated unreasonable behaviour directed at the worker, consistent with definitions under WHS and employment law. A single incident of unreasonable behaviour is unlikely to qualify – the conduct must be repeated.
Sexual harassment
Unwelcome conduct of a sexual nature in connection with employment, consistent with the definition under the Sex Discrimination Act 1984 and NSW anti-discrimination law.
Racial harassment
Conduct in connection with employment that constitutes racial harassment consistent with definitions under NSW anti-discrimination law.
Excessive work demands
Demands that go materially beyond normal expectations for the role. High workloads and pressure that are typical for the position are unlikely to qualify. The demands must be objectively unreasonable.
Eligibility tests
These three eligibility tests must all be satisfied:
- The injury must arise from one or more defined relevant events.
- There must be a real and direct connection between the conduct and your employment.
- Employment must be the main contributing factor to the psychological injury.
Notify your employer
Tell your employer about your injury as soon as possible, preferably in writing. You have six months from the date of injury to notify your employer or insurer, with very limited exceptions. Your employer is then required to notify StateCover of the injury.
Complete and submit a claim form
Send your completed employee claim form to StateCover, including the following details:
- Your full name, date of birth, contact details and address
- Details of your employer and your place of work at the time of the injury
- A description of the injury and how it occurred, including the nature of the alleged relevant conduct, i.e. bullying, sexual harassment, racial harassment, or excessive work demands
- The date or period during which the relevant conduct is alleged to have occurred
- The name(s) of the person(s) alleged to have engaged in the relevant conduct, if known
- Medical evidence or a certificate from a treating medical practitioner confirming the diagnosis of a primary psychological injury
- The relevant event category or categories that caused the injury
- Any other information or documents specified in the claim form.
Click here to download and complete the employee claim form. Once signed and completed with the required information, please send a copy to injurynotifications@statecover.net.au.
Once all the required information and claim form is received, StateCover will make an initial liability decision within seven days of receiving it.
Obtain a certificate of capacity
Your injury details must be supported by a certificate of capacity from your nominated treating doctor (NTD) specifying one or more mental or psychiatric disorders. This document sets out your diagnosis, your work capacity, and any restrictions. Provide a copy to both your employer and StateCover.
Your entitlement to interim weekly payments starts from the date your claim meets the required legislative criteria and is deemed complete, not from your date of injury. Payments can only begin when all required claim information and supporting documentation have been received.
On receipt of a completed claim, your interim entitlements begin.
While we assess your claim to determine liability, you are entitled to interim weekly payments of up to 75% of your pre-injury average weekly earnings (PIAWE), or the statutory maximum, and up to $7,500 in early mental health treatment expenses.
We will accept or dispute liability within 42 calendar days from receipt of your completed claim.
If no decision is made by day 42, the claim is deemed accepted.
If your claim is accepted, we will backpay additional benefits.
StateCover will backpay additional weekly benefits, up to 95% of your PIAWE or the statutory maximum, and any outstanding medical expenses within 21 days.
If your claim is disputed, we will give you 14 days of further payments and written notice of your right to review.
If we dispute the claim, we will pay you a further 14 days of weekly benefits and outline the reasons for dispute in writing, as well as notify you of your right to seek an internal review. You must seek an internal review before you can lodge an application to the Industrial Relations Commission (IRC) to determine relevant conduct.
