How Can I Prove That My Psychiatric Injury Was Foreseeable Due to My Employer’s Failure to Provide Sufficient Resources to Manage Excess Workload in Australia?

Question from jon, How Can I Prove That My Psychiatric Injury Was Foreseeable Due to My Employer’s Failure to Provide Sufficient Resources to Manage Excess Workload in Australia?

Answer from AI:

Understanding Foreseeability of Psychiatric Injury

In Australia, foreseeability of psychiatric injury in the workplace is a crucial factor in determining employer liability. This means that if an employer could reasonably have predicted that their actions (or lack thereof) would lead to an employee’s psychiatric injury, they may be held responsible.

Proving Foreseeability

To prove foreseeability, you generally need to demonstrate that:

• Your employer was aware of the excessive workload
• The employer knew or should have known that the workload could lead to psychiatric injury
• The employer failed to take reasonable steps to prevent the injury

Relevant Laws and Cases

The law in this area is primarily governed by common law negligence principles, as well as occupational health and safety legislation such as the Work Health and Safety Act 2011 (Cth). A landmark case in this area is Koehler v Cerebos (Australia) Ltd, where the High Court held that an employer could be liable for psychiatric injury if they were aware of the risk and failed to take reasonable steps to prevent it.

Steps to Take

If you believe you have a claim, you might consider the following steps:

1. Consult with a legal professional: This is a complex area of law, and a lawyer can provide advice tailored to your specific circumstances.
2. Document your workload and any communication with your employer about it: This can serve as evidence of your employer’s knowledge of the excessive workload.
3. Seek medical evidence: A diagnosis from a psychiatrist or psychologist can help establish the link between your workload and your psychiatric injury.
4. Consider mediation or negotiation: Before going to court, you might try to resolve the issue with your employer through mediation or negotiation.

Seeking Legal Advice

This is a complex area of law, and the specifics of your situation can greatly affect the outcome. Therefore, it’s strongly recommended that you consult with a legal professional for personalized advice.

Please note that this information is a general guide and not a substitute for legal advice. You can find more information on the Safe Work Australia website.

Remember: Proving foreseeability of psychiatric injury requires demonstrating that your employer knew or should have known about the risk and failed to take reasonable steps to prevent it.