6.2.5 Psychiatric injury

In assessing the degree of impairment regard must not be had to any psychiatric or psychological injury, impairment or symptoms arising as a consequence of or secondary to, a physical injury.

WIRC s56
AC s91(2)

Liability and psychiatric injury

The Agent must not have regard to or base its liability determination on whether the worker’s psychiatric injury arises as a consequence of or secondary to a physical injury.

In determining liability the Agent should have regard to whether:

  • the worker has sought psychological and/or psychiatric treatment for the symptoms or complaint
  • there is documented medical evidence to support the onset of the condition within a reasonable time from the date of injury
  • there is medical evidence to support the symptoms or complaint is due to the worker’s primary injury.

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Questions to be considered when assessing liability

The Agent must be satisfied that the IB Impairment Benefits claim is supported by documented medical evidence and that the following questions have been considered:

  • When did the worker first complain to their treating practitioner of psychiatric symptom and/or injury?
  • Does the symptom or complaint arise independently of any claimed physical injury?
  • Is the complaint associated with an industrial dispute? If so, has a comprehensive investigation been undertaken?
  • Does the onset of complaint result from the worker’s physical injury?
  • Is the worker currently treated for the psychiatric symptoms? If so, is it administered by the worker’s treating general practitioner, a psychologist Registered psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student). and/or psychiatrist?
  • Has the worker previously been treated for the psychiatric symptoms? If so, comment to:
  • type of treatment
  • duration
  • diagnosis and prognosis
  • name and address of the previous treating practitioner/s
  • Does the worker suffer from a pre-existing psychological or psychiatric condition? Has the worker previously submitted a work claim for any injury arising from this condition? Are there documented medical report/s?

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