Adviceline Injury Lawyers recently resolved a case for a teacher who sustained an aggravation of a prior psychiatric injury in the course of her employment.
For psychiatric injuries the law requires that in order to obtain compensation you must show that you have suffered a severe mental disorder arising out of your employment. If there is a history of prior psychiatric illness unrelated to employment, you must demonstrate that the aggravation of the psychiatric injury caused by work and the consequences flowing from that are severe.
Further, in order to obtain compensation, you must also demonstrate that the employer was negligent.
In this case, the teacher was given a class of children that were known to be troublesome. The school arguably knew of her psychiatric vulnerability and the principal was allegedly advised about her reduced ability to cope.
There was some considerable dispute about what the school knew in advance and what they offered her in terms of assistance.
Happily, we were able to negotiate a settlement for damages for pain and suffering of almost $100,000. This settlement was achieved without having to issue court proceedings or go through a court case. Separately the worker continues to receive compensation payments for lost income from the Department's WorkCover insurer.
At Adviceline Injury Lawyers we are experts in dealing with claims against the Department of Education. We will always attempt to minimise the stress caused by these claims and have a particular understanding of psychiatric injuries.
If you are suffering from a psychiatric condition as a result of work, you should seek advice from one of our expert injury lawyers on (03) 9321 9988.