Case Study
Years of severe workplace bullying left Jane with a permanent, debilitating psychological injury. Her insurer accepted her statutory payments, then denied negligence when she brought a damages claim.
Client
Jane*, injured by workplace bullying
Injury
A permanent, debilitating psychological injury
Claim type
Statutory workers compensation, then a damages claim
Resolved
At mediation, facilitated by the Personal Injury Commission
Jane* suffered a psychological injury at work as a result of bullying by a senior employee. Given the level of that injury, it was determined that she had no capacity for work, and that she was unlikely to have any future capacity for work either.
Over a number of years, Jane was subjected to severe workplace bullying. It left her with a permanent, debilitating psychological injury.
She was unable to work from the day she went off, and her treating medical practitioners considered it likely that she would not be able to return to meaningful employment in the future.
The insurer accepted her claim for statutory workers compensation payments. When she brought a damages claim, it denied negligence.
There was a second difficulty, and it had nothing to do with the law. Because of the severity of her psychological injury, Jane often felt overwhelmed by the process itself, which worsened her symptoms and made it very difficult for her to keep going to a resolution.
Both problems pointed the same way. To maximise the damages payable to Jane, to keep her liability for legal costs and expenses down, and to account for her injury and her anxieties about the legal process, we progressed her matter as quickly as we could to a mediation conference facilitated by the Personal Injury Commission.
Speed was not a shortcut here. Every additional month inside the process was a month of symptoms getting worse.
Advised Jane on a damages claim after the insurer accepted her statutory payments but denied negligence.
Weighed the approach against her circumstances — a significant psychological injury, and real anxiety about the legal process itself.
Chose the fastest available route to resolution, to maximise her damages and keep her legal costs and expenses down.
Took the matter to a mediation conference facilitated by the Personal Injury Commission.
Resolved it at mediation, for her past and future loss of wages and superannuation.
Mediation is a very useful way to resolve a matter without the more stressful and costly alternative of a full court hearing. Settling at a mediation gives a client some control over the process, and provides the clarity and certainty of a final result.
Wherever possible, we do our best to resolve matters in an efficient and practical way. Where that is not possible, we can guide clients through the litigation process to achieve the best outcome available for their claim.
— Burke Mead Lawyers
The client’s name has been changed to protect their privacy. This case study describes one matter only and is provided as general information — it is not legal advice, and past outcomes do not guarantee or predict the result of any other claim. Every claim is assessed on its own facts. Liability limited by a scheme approved under Professional Standards Legislation.
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