Key Takeaways
- Claim type: Workers compensation, workplace bullying and harassment
- Challenge: Insurer denied the claim based on co-worker statements disputing bullying
- Outcome: $88,500 settlement with ongoing medical expenses at the Personal Injury Commission (PIC), Workers Compensation Division
When the Insurer Said No
Our client had worked as a Senior Administration Payroll Officer. She was good at her job, with no history of psychological injury or any condition that would have limited her ability to work. That changed when her manager began a pattern of behaviour that would eventually force her out of her role.
The bullying didn't arrive as a single incident. Her manager repeatedly reprimanded her for poor performance, despite her actual output telling a different story. The expectations placed on her were unreasonable, and she was singled out from her colleagues. Over time, the sustained pressure caused significant psychological harm. She was eventually compelled to leave her job.
Before any of this started, she had been performing her pre-injury duties without difficulty. There were no significant pre-existing injuries or conditions. The psychological disorder she developed was entirely tied to what happened at work.
She lodged a workers compensation claim with the relevant insurer. The insurer denied it.
Why the Denial Looked Difficult to Overcome
The insurer's defence rested on statements from other employees of the employer. Those statements disputed that bullying and harassment had occurred. On paper, the insurer had a straightforward position: multiple workplace witnesses contradicting the claim.
This is a common pattern in workplace bullying cases. Unlike a physical workplace injury where medical imaging or incident reports provide objective proof, bullying claims often come down to one person's account against several others. Insurers know this. A denial backed by co-worker statements can seem strong enough to discourage many claimants from pursuing the matter any further.
Our client didn't stop there. We were retained to assist with her workers compensation entitlements.
Building the Medical Case
The insurer had workplace statements. We needed medical evidence that couldn't be disputed on the same subjective grounds.
We gathered detailed evidence from our client's treating doctors, documenting her condition and how it developed in relation to the workplace conduct. We then arranged an Independent Medical Examination. The purpose of the IME was specific: to establish a clear, documented link between our client's psychological injuries and the actions she experienced at work.
The medical evidence did what co-worker opinions could not. It established that our client's injuries were a direct result of her employment. It also confirmed that those injuries had left her unable to return to work with the same employer. This was the distinction that mattered. Where the insurer's case relied on workplace accounts that could be read either way, our case now rested on independent clinical findings that pointed to one conclusion.
Lodging With the Personal Injury Commission
With the medical evidence in place, we lodged the claim with the Personal Injury Commission, Workers Compensation Division. We claimed loss of income along with past and future medical expenses.
A teleconference was held between the parties through the Commission. Our lawyer represented our client and negotiated directly with the employer.
The matter settled in our client's favour: $88,500 with ongoing medical expenses.
If You're Facing a Workplace Bullying Claim
A denied workers compensation claim doesn't mean the claim is over. What matters is the quality of the evidence that comes next, and how that evidence is put before the Commission. If you've experienced workplace bullying that has affected your ability to work, call us on 1300 011 149 or contact us online to talk through where your claim stands.
Legal disclaimer: This case study describes the outcome of a specific matter settled on its own facts and circumstances. Past results do not guarantee similar outcomes. Every claim involves different injuries, losses, and legal issues. This article is general information, not legal advice. If you need advice about a workplace bullying claim, contact State Law Group directly.
