A fair recognition for a psychological injury caused by the negligence of an employer

A fair recognition for a psychological injury caused by the negligence of an employer

Redlich's recently assisted a young female client settle her common law case for a generous six-digit figure without the need for a court hearing.

During the course of her employment working as a Business Development Manager, our client, in her early 30s, was confronted with inappropriate behaviour, harassment and bullying, amongst other things by her Direct Manager. Our client was subjected to:

  • comments about her and her colleague being lesbian
  • regularly being asked about her personal life, and whether she had a boyfriend
  • remarks of a sexual nature
  • pressure to attend after work social drinks
  • her Direct Manager spontaneously attending her house at night wanting a drink.

In addition to the above, our client was also unsupported and under-resourced in her role.

All these work-related factors combined resulted in our client suffering a significant psychiatric injury. She was diagnosed with chronic post-traumatic stress disorder, major depressive disorder, severe adjustment disorder and panic disorder.

Redlich's assisted our client to lodge a claim for damages for both pain and suffering, and loss of earnings. Despite the Defendant initially strongly resisting our client’s claim and denying that our client had suffered the required permanent 40 per cent loss of her earning capacity (arguably because of her young age), we were ultimately able to persuade the Defendant that not only had our client suffered a ‘serious injury’, but that she has suffered a ‘40 per cent loss of earning capacity’ going forward.

Our client was incredibly pleased that she did not have to run her case to trial and was able to settle her case for a generous amount that represented fair recognition to her for both her injury and the negligence of her employer.

If you have a suffered a psychological or physical injury at work and wish to discuss your entitlements with Linda Hanley or any of our WorkCover lawyers, please contact us on (03) 9321 9988.

No Win, No Fee. No Uplift Fee.

Our No Win, No Fee and No Uplift Fee arrangement means you will only pay legal fees if your claim is successful. *Conditions apply

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