Claiming mental health support from WorkSafe Victoria

Work-related psychological injuries are more common than many people realise. Whether it stems from exposure to trauma, bullying, chronic stress, or unsafe work environments, a mental health condition that develops because of your job can seriously affect your wellbeing, relationships, and ability to work.

In Victoria, the workers’ compensation system managed by WorkSafe provides support for individuals whose mental health has been impacted by their employment. That support can include therapy, medical care, and income assistance during recovery.

While making a claim might feel overwhelming, understanding your rights and knowing what to expect can make a difficult situation a little more manageable. This resource is here to guide you.

Understanding mental injuries under WorkSafe Victoria

Psychological injuries are recognised under Victorian workers’ compensation law and include a range of mental health conditions that are predominantly caused by work. These can include diagnoses like post-traumatic stress disorder (PTSD), anxiety, depression, and adjustment disorder, among others.

The condition must meet accepted clinical criteria, such as those outlined in the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders), and your healthcare provider must be able to confirm a link to your work.

WorkSafe uses the term “mental injury” to describe these conditions when they arise because of employment. However, not every mental health concern related to work will meet the threshold for a successful claim. This is why professional diagnosis and clear documentation are very important.

That said, Victorian legislation excludes some circumstances from compensation. For example, if your condition resulted from a reasonable management action like a performance review, disciplinary process, or restructuring, it may not be covered, even if it has affected your mental health. The line can be complex, and medical advice is key.

Who can make a claim?

If you are employed in Victoria, whether in a part-time, casual, or fixed-term capacity, you may be eligible to lodge a claim if your mental health has been negatively impacted by your work. Some contractors may also be covered, depending on the nature of the working relationship.

It’s important that your condition was predominantly caused by your employment, not by personal issues outside of work. Even if you had a pre-existing mental health condition, you might still be eligible if your work significantly worsened it.

You should aim to lodge your claim within 30 days after you notice your mental injury or illness. However, claims may still be considered beyond that timeframe, depending on the circumstances.

What documents and evidence do you need?

To lodge a psychological injury claim, you’ll need:

• A diagnosis and a Certificate of Capacity from your GP, psychiatrist, or another medical doctor

• A completed Worker’s Injury Claim Form - Part A

Supporting evidence can also strengthen your claim. This may include incident reports, emails, HR correspondence, or statements from colleagues. The more clearly you and your healthcare provider can link your condition to your work, the stronger your claim is likely to be.

Lodging your psychological injury claim

Once your Certificate of Capacity and claim form are ready, you’ll need to submit them to your employer.

By law, your employer must forward Part A of the claim form to their WorkSafe agent within three business days. The rest of the documents must be submitted within 10 calendar days.

After that, the insurer has 28 days to assess your claim. During this time, they may contact your doctor, ask for additional reports, or arrange an independent medical examination.

This can feel intrusive, especially when you’re already dealing with mental health challenges, but it’s a standard part of the process.

Try to keep copies of all documents, notes from appointments, and records of communications with your employer and the insurer.

Accessing treatment during the assessment period

One of the most important features of the WorkSafe system for mental injury claims is the provisional payments scheme. If your claim includes a psychological injury, you can start accessing treatment and support for up to 13 weeks while your claim is being assessed, even if it’s ultimately not accepted.

Provisional payments cover things like therapy sessions, GP appointments, psychiatric consultations, and relevant medication. They don’t include weekly income payments, but the mental health care provided during this period can be vital for early intervention and stabilisation.

To access this, your employer still needs to lodge the claim form and Certificate of Capacity promptly. Your treating practitioner can help you begin the process while the insurer reviews your claim.

Read WorkSafe Victoria’s guide on provision payments for more information.

What happens if your claim is accepted?

If your claim is approved, you’ll be entitled to ongoing psychological care, income support if you're unable to work, and help with returning to suitable duties.

You may be assigned a case manager and, depending on your situation, a return-to-work coordinator will help plan a staged return when you're ready.

Treatment may include regular therapy, psychiatric care, and medication, and your progress will be reviewed periodically. If your condition stabilises but you're unable to return to your previous role, additional support like vocational retraining or job placement assistance might be explored.

Employers are generally required to offer suitable duties for up to 52 weeks if it’s safe and practical for you to return.

What if your claim is rejected?

A rejected claim doesn’t mean the end of the road. If your psychological injury claim is denied, you have the right to ask for a detailed explanation and request a review. You can also seek support from a legal advisor or your union.

Disputes can be escalated through the Accident Compensation Conciliation Service (ACCS), which provides a structured process to resolve disagreements between workers and insurers. Time limits apply for lodging a dispute, so it’s important to act promptly.

In the meantime, if you’ve been receiving provisional payments, your therapy and related mental health treatment can continue for the full 13 weeks from the date you first accessed care.

Practical guidance for mental injury claims

It can be challenging to manage a workers’ compensation claim while dealing with the emotional toll of a mental injury. Here are a few ways to support yourself during the process:

• Speak honestly with your GP or psychologist about your symptoms and how they relate to work.

• Keep a journal of workplace incidents, emotional reactions, and any interactions that feel significant.

• Maintain copies of all documents submitted to WorkSafe, your employer, and healthcare providers.

• Ask your doctor to use clear language in linking your injury to your work.

• Don’t hesitate to lean on your support network, whether it’s family, trusted friends, or professional allies.

Final thoughts

A psychological injury can be just as serious and disabling as a physical one. If your mental health has been affected by your job, it’s important to know that the law recognises these injuries and that support is available.

The WorkSafe Victoria scheme is designed to provide early access to care, structured support through your recovery, and a fair process for managing your claim.

Taking the first step can feel daunting, but you don’t need to go through it unsupported. Working with a psychologist who understands the workers’ compensation system can make the process easier to navigate and help you regain a sense of stability, purpose, and confidence as you recover.