Psychiatric Injury Claims in Queensland: What Employers Need to Know (And What Employees Should Expect) in 2024–2025

Recent changes to Queensland’s workers’ compensation laws have placed greater obligations on employers to prevent and manage psychiatric injuries. At the same time, workers in high-risk industries now have an easier path to compensation, meaning businesses must be proactive in reducing risk.
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For employers, this means new compliance challenges. But for employees, these reforms bring stronger protections. So, whether you’re a business owner looking to navigate these changes, or an employee wondering if your workplace is meeting its obligations, here’s what you need to know.

1. Are You Managing Psychological Injuries the Right Way?
One of the biggest changes in 2024 was the introduction of presumptive coverage for psychiatric injuries in high-risk professions.

For Employers: What You Need to Do
The Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2024 means that for certain workers—such as first responders, healthcare professionals, and educators - a diagnosed work-related psychiatric injury is automatically presumed to have been caused by their job.

This means:

• If a claim is made, you must prove that work was not the significant contributing factor.
• The burden of proof is now on you, not the employee.
• A strong mental health strategy is now as critical as a physical safety plan.

For Employees: What You Should Expect from Your Employer
If you work in a high-risk industry, this means:

• You no longer have to prove that your psychiatric injury was work-related - it’s assumed.
• Your employer should have clear mental health policies, and if they don’t, you have rights.
• If your claim is denied, it’s worth seeking legal advice to challenge the decision.

 
2. Early Intervention & Return-to-Work: A Legal Obligation, Not an Option

For Employers: Are You Meeting These New Requirements?
The new laws require insurers and employers to act faster when a claim is lodged. If a worker’s psychiatric injury claim is accepted:

• A rehabilitation and return-to-work (RRTW) plan must be created within 10 business days.
• Employees now have the right to change rehabilitation providers if they feel their recovery is being mismanaged.
• Delaying support could result in penalties and higher long-term compensation payouts.

For Employees: Is Your Employer Doing Enough?
If you’ve lodged a claim, your employer (or their insurer) should:

• Create a structured return-to-work plan within 10 business days.
• Give you a say in your rehabilitation—you don’t have to accept the first provider assigned to you.
• Provide meaningful support, not just tick-the-box policies.
• If these things aren’t happening, you should contact us for advice on how best to proceed.

 
3. Are You Addressing Psychosocial Hazards - or Ignoring Them?
Workplaces must now assess and control psychosocial hazards - just as they would physical risks. This includes:

• Workplace bullying and harassment.
• Unreasonable workloads and work pressure.
• Exposure to traumatic events.

For Employers: Are You Compliant?

• The Work Health and Safety Regulation 2011 (Qld), Part 2A now requires employers to actively assess psychosocial risks.
• New penalties apply for failing to act on known risks.
• If an employee suffers a psychiatric injury due to poor workplace culture, they can now claim compensation more easily.

For Employees: Is Your Workplace Protecting You?

• Have clear policies been put in place to address bullying, stress, and mental health risks?
• If you’ve raised concerns and nothing has changed, your employer could be liable.
• If your psychiatric injury is work-related, you have the right to claim workers’ compensation.

What These Changes Mean for Employers and Employees

• For Employers: These reforms aren’t optional - they require action now to avoid financial and legal consequences. Employers who get ahead of these changes will protect their business from claims, penalties, and reputational damage.​
• For Employees: If your employer isn’t meeting these new legal requirements, you may have a valid claim. Workers now have stronger protections than ever, and if you suspect your employer is failing in their duty of care, you have legal options.

With a Queensland Law Society Personal Injuries Accredited Specialist on our team, Arthur Browne & Associates is perfectly positioned to advise you. We act for employees on a no-win no-fee basis and we are happy to have an obligation-free chat with you to discuss the merits of any potential claim.