A workers compensation claim may cover time off work because you are incapacitated due to stress in the workplace, causing an injury. However, it will only cover work-related stress if you are diagnosed with a psychological condition caused by your job duties. Stress leave is not automatically covered when a person feels overwhelmed or unhappy at work. For a claim to be successful, there usually needs to be medical evidence of a recognised condition/injury, and work must be a significant contributing factor.
This is why stress leave claims can be more complicated than many physical injury claims. The claim is not really about “stress leave” as it is about whether the worker has suffered a psychological injury caused by their employment. Understanding your eligibility for compensation is essential before making a WorkCover claim, as the insurer/employer has defences in the Act.
What is Work-Related Stress?
Work-related stress is stress caused by the demands of your work duties being greater than your ability to cope. It can also be caused by workplace conflict or unsafe work practices. Work-related stress can impact your physical, mental and emotional health. Stress itself isn’t an injury or disease. However, it can lead to the development of psychological and physical injuries.
In 2025, mental stress was the fourth biggest cause of serious work-related claims in Australia [1]. Since 2017, the number of serious mental stress claims has more than doubled, from 7,685 to 16,800 [2].
Workplace stress can lead employees to take more leave to cope. It’s also important to note that stress leave isn’t generally an official category of leave. Instead, it is claimed as either sick leave or as a workers compensation injury.
When Can WorkCover Cover Stress Leave in WA?
Stress itself is not compensable. For your work-related stress to be covered by workers compensation, the worker must be experiencing a psychological injury. This may include conditions such as anxiety, depression, PTSD or other recognised mental health conditions. Stress leave can be covered when stress has developed into a medically recognised condition, and there is evidence linking it to work duties.
This is why medical evidence is important when making a WorkCover stress claim. Having your doctor assess your symptoms, treatment, and diagnosis all helps show whether there is an injury. You can discuss the cause of the injury and, if appropriate, request a First Medical Certificate of Capacity from your doctor. A GP may also refer you to a psychologist or psychiatrist if further assessment or treatment is needed.
You must also prove that work was a significant contributing factor to the injury. This means the claim should identify what happened at work and how those events connect to the worker’s condition, and why it is not caused by any other factor outside the workplace (e.g., sick kids or parents, or even pets, finances, etc). This is even the case for a pre-existing condition that has gotten worse because of work duties.
Some of the common types of mental stress workers comp claims include:
- Harassment/workplace bullying: Repeated and unreasonable behaviour directed towards someone that may be considered abusive, offensive, or intimidating.
- Work pressure: Work demands that do not match a person’s knowledge or abilities and challenge their ability to cope.
- Exposure to violence and/or harassment: Exposure to traumatic events or aggression while working. This is particularly common for those in the healthcare and public administration sectors.
If personal factors also contributed to your stress, it does not automatically stop a claim. A worker may have stress outside of work and still suffer a work-related psychological injury. However, the more complicated the background is, the more important the evidence becomes.
When Stress Leave May Not Be Covered
Under WA workers compensation laws, psychological injury claims are generally excluded if they are the result of “reasonable administrative action” taken by the employer. This may include dismissal, not being promoted, transferred, or granted leave of absence. This is a major reason why stress leave claims are often disputed. A worker may feel genuinely distressed by something the employer has done, but the claim may still be difficult if the action was reasonable and was handled reasonably. This exclusion does not extend to psychological claims associated with other conduct of the employer that is considered unreasonable or harsh (e.g., bullying).
Need Help Making a WorkCover Stress Claim?
Stress can severely impact your health and safety at work. If you believe your job has caused you stress that has led to a psychological injury, contact Anvil Legal. Our workers comp lawyers can review your case and help you navigate the complexities of a WorkCover claim.
References:
[1] Key Work Health and Safety Statistics Australia 2025, Safe Work Australia
[2] Key WHS Statistics Australia 2018, Safe Work Australia