The Queensland Government’s guide on psychological injury and reasonable management action provides essential information for workers navigating psychological injury claims. It emphasises the importance of immediate support and treatment, highlighting services like Lifeline and the Workers’ Psychological Support Service.
To make a claim, workers must demonstrate that their psychological injury is work-related and significantly contributed to by their employment. However, claims can be excluded if the injury results from reasonable management action taken in a reasonable way. The guide clarifies what constitutes management action, including setting standards, giving feedback, and taking disciplinary measures.
Reasonable management action is assessed based on the rationale, execution, and context of the action. Factors such as personal circumstances, cultural context, and adherence to policies are considered. The guide provides examples from court decisions to illustrate how these principles are applied in practice.
For instance, in a case of workplace bullying, the management action was deemed unreasonable due to the supervisor’s aggressive behaviour. Conversely, a performance management plan was upheld as reasonable management action when the employer followed policies and provided support.
Workers are advised to provide clear, factual information to support their claims, including medical reports and witness statements. If a claim is denied, workers can request a review by the Workers’ Compensation Regulator.
This guide aims to help workers understand their rights and the processes involved in psychological injury claims, ensuring fair treatment and support throughout the process. McNamara Law are here to support you. Contact our experienced lawyers on 1300 285 888.
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