Psychological injury WorkCover claims in Queensland for stress at work (2026)
A psychological injury WorkCover claim can succeed in Queensland if employment was a significant contributing factor to the disorder. However, a disorder arising from reasonable management action taken in a reasonable way is not an “injury” under the Act. First responders with PTSD have a special presumption.
Key takeaways
What counts as a psychological injury for WorkCover
According to WorkCover Queensland, a mental injury affects a person’s mood, feelings, thoughts or behaviour, and their job causes it. Examples include depression, anxiety, adjustment disorder and post-traumatic stress disorder (PTSD). Any of these can be the basis of a psychological injury WorkCover claim, if the legal test is met. Our WorkCover claims guide covers the wider claims process.
WorkCover also lists common causes. For instance, a worker may witness a traumatic event at work, such as violence or a serious accident. Alternatively, the injury may build up over time through exposure to psychosocial hazards, such as bullying. A mental injury can also develop after a physical injury, which WorkCover calls a secondary mental injury.
Can you make a psychological injury WorkCover claim for stress?
The legal test starts with the general definition in WCRA s 32(1). An injury is a personal injury arising out of, or in the course of, employment. However, it counts only “if the employment is a significant contributing factor to the injury”. So work doesn’t have to be the only cause, but it must be a significant one.
The Act also covers aggravations. Under s 32(3)(b), an injury also includes an aggravation of an existing injury, disease or condition. Again, employment must be a significant contributing factor to the aggravation. However, s 32(4) limits this to the effects of the aggravation.
In practice, everyday workplace stress is not the test. Instead, the claim needs a diagnosed condition. WorkCover says the work capacity certificate must confirm a mental injury. The insurer then decides whether the claim meets the legal definition.
The reasonable management action exclusion
Section 32 also contains an important exclusion for any psychological injury WorkCover claim. Under s 32(5), injury “does not include a psychiatric or psychological disorder” linked to certain circumstances. The disorder must arise out of, or in the course of, one of these:
What management action means
The Act gives examples of actions that may be reasonable management action taken in a reasonable way. These include action to transfer, demote, discipline, redeploy, retrench or dismiss a worker. They also include a decision not to give a promotion, reclassification, transfer, leave or benefit.
WorkCover’s own list is similar. It includes decisions about promotions, transfers, leave, work methods, organisational changes, performance and discipline. WorkCover says it might not cover an injury caused this way.
Note the two parts of the test. The action itself must be reasonable, and the employer must also take it in a reasonable way. Whether an employer meets both parts depends on the facts of each case. For this reason, advice from a Queensland lawyer may help if the insurer relies on the exclusion.
First responders and PTSD
Some workers have an easier path for PTSD. Under s 36ED, PTSD counts as an injury if a psychiatrist diagnoses it in the prescribed way. The person must also have worked as a first responder or an eligible employee at some time before the diagnosis. The presumption applies even if there is evidence linking the PTSD to management action.
However, the presumption can be rebutted. It doesn’t apply if the evidence proves the PTSD didn’t arise from that employment. Nor does it apply if that employment wasn’t a significant contributing factor. WorkCover explains it simply. For first responders, it presumes work caused the PTSD unless something shows otherwise.
Who qualifies? Under s 36EB, a first responder works in a prescribed occupation responding to life-threatening or traumatic incidents. In those incidents, time may be critical. Under s 36EC, an eligible employee works for a prescribed entity. Their work involves repeated or extreme exposure to the graphic details of traumatic incidents. The Workers’ Compensation and Rehabilitation Regulation 2025 lists the prescribed occupations and entities. Also, if no psychiatrist has diagnosed the PTSD yet, the insurer must arrange and pay for an examination (s 135A). This doesn’t apply if the insurer accepts the claim.
Lodging a psychological injury WorkCover claim
You lodge a psychological injury WorkCover claim the same way as any other claim. That means a work capacity certificate, lodgement with the insurer, and the 6-month time limit in s 131. Our guide on how to lodge a WorkCover claim sets out the steps.
Support can start before the decision. Under s 232AB, the insurer must take reasonable steps to support you while it decides a psychological injury WorkCover claim. The Act gives mediation and counselling as examples. WorkCover says it may fund GP visits, counselling or psychology, psychiatry, reasonable travel and medication during that time.
WorkCover says you need three things to qualify. You must have lodged a claim and have a work capacity certificate confirming a mental injury. Your injury must also have happened after 30 October 2019. However, WorkCover says it doesn’t fund in-patient hospital costs or lost wages during the assessment. If the claim isn’t accepted, the funding stops, and WorkCover says you don’t have to pay back what you received.
When a psychological injury WorkCover claim is rejected
If the insurer rejects a psychological injury WorkCover claim, you can ask the Regulator for a review within 3 months. Our guide to a rejected WorkCover claim explains the steps.
Psychological injuries also have their own impairment rules. Under s 179, a medical assessment tribunal must assess the degree of permanent impairment (DPI). This applies to every psychiatric or psychological injury. In addition, the tribunal assesses the psychological DPI separately from any physical injuries from the same event. WorkCover says you can’t add the two together to reach the 20% threshold that matters for common law claims. Finally, s 192(3) excludes psychological injuries from additional lump sum compensation for a DPI of 30% or more. Our WorkCover lump sum guide explains how DPI assessment works.
Frequently asked questions
Sources
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About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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