What is workplace bullying and harassment?
Workplace bullying and harassment is a horrible circumstance that can unfortunately happen to anyone, regardless of their position in the company, how long they’ve been an employee or how much they get paid. Bullying and harassment in the workplace can cause psychological injury through damaging both your mental and physical health, and can cause long-term repercussions like psychological trauma and ongoing stress and anxiety.
If you’re experiencing workplace bullying and harassment and it’s affecting your ability to function in your day-to-day life, get in touch with one of the psychological injury legal experts at LHD Lawyers. We’ll be able to assess whether you have a workplace trauma claim through Workers’ Compensation and can help you receive the maximum payout for your suffering.
Can you sue your employer for psychological injury in the workplace?
If one of more of the following statements apply to you, you may be able to make a psychological trauma claim:
- Is your employer covered by Federal anti-bullying laws?
- Is the behaviour you’re experiencing in your workplace repeated and unreasonable?
- Is the behaviour you’re experiencing creating a risk to your physical or mental health and safety?
- Unless action is taken to stop the behaviour, is it likely to continue?
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FAQs
How do I report workplace bullying?
Workplace bullying is completely unacceptable, whether it’s based on your age, gender, sexuality, marital status, culture, race, personality or disability. There are a number of avenues you can take within and separate to your organisation if you’re being bullied or harassed. These include talking to:
A supervisor or manager
A health and safety representative
Your human resources (HR) department
Your union (if you are a member)
The Fair Work Commission (they can help you stop the bullying by first taking their eligibility quiz)
What constitutes sexual harassment in the workplace and how do I report it?
Sexual harassment in the workplace includes any kind of lude or unwanted sexual behaviour. It has nothing to do with friendship, seniority or mutual attraction, and is a violation of your employee rights. Examples of sexual harassment can include:
Staring or leering
Unnecessary familiarity, such as deliberately brushing up against you or unwelcome touching
Suggestive comments or jokes
Insults or taunts of a sexual nature
Intrusive questions or statements about your private life
Displaying posters, magazines or screensavers of a sexual nature
Sending sexually explicit emails or text messages
Inappropriate advances on social networking sites
Accessing sexually explicit internet sites
Requests for sex or repeated unwanted requests to go out on dates
Behaviour that may also be considered to be an offence under criminal law, such as physical assault, indecent exposure, sexual assault, stalking or obscene communications.
What does ‘psychological injury’ mean?
Legally, psychological injury is considered as mental harm, suffering, damage, impairment, or dysfunction caused to a person as a direct result of some action or failure to act by some individual. Common causes of psychological injury can include job insecurity, work overload, workplace bullying and harassment, dealing with difficult customers, or the stress of shift work. Psychological injuries are more likely to affect people long-term, as well as short-term.
How much compensation for workplace bullying and harassment damage?
Once you’ve gotten in contact with a legal professional, they’ll be able to give you a firmer idea of how much workplace bullying compensation you may be expecting to receive, as each circumstance is unique.
If you’re entitled to a Workers’ Compensation claim, you may receive compensation for lost earning and medical expenses. If you make a negligence claim under common law (as your employer has breached their duty of care to you), you may be entitled to damages for your loss of earnings and your pain and suffering.
What are some examples of workplace bullying?
Some common examples of workplace bullying can include (but are definitely not limited to):
Exclusion from workplace activities and events
Making impossible or unreasonable work demands
Teasing, and practical jokes
Spreading of rumours, gossip or innuendo
Withholding important information or tools required for work performance
Intimidating or aggressive conduct
How can I make a workplace bullying and harassment claim?
To make a workplace bullying and harassment compensation claim for psychological injury, your first port of call should be to speak to a Workers’ Compensation solicitor at LHD Lawyers.
We’ll work with you to make sure we understand your situation fully, and can then advise you on the best course of action to take with your case. We’ll also be there to listen to and support you in your time of need, as we understand what you’re going through and are genuinely here to help.
See other related claims
If you’re looking for more information on Bullying & Harassment compensation claims, we have a wealth of knowledge from our expert team of Bullying & Harassment compensation lawyers for you to explore.We’re here to help
Contact us today for free online claim checker and we can help get your life back on track.