What Compensation Can You Claim for Workplace Harassment?

Being harassed in the workplace can cause severe emotional pain. It is for this reason that the Australian legislation has outlined how victims of workplace harassment may find support and/or compensation when filing a claim against their employer. If you are considering workplace harassment legal advice Perth, it will be helpful for you to know what type of compensation you may receive according to Australian law.

These laws have been created with the understanding that workplace harassment has both an emotional and a financial effect on a victim of workplace harassment.

Different Types of Compensation that Can Be Claimed

The situation you are in is going to determine the nature of compensation you can get, as well as what type of legal pathway you decide to pursue.

1. Economic Losses (Financial)

When you lose financially as a result of harassment (for example):

• You have lost your wages because of the termination or resignation.
• Reduced future earnings
• Missed job promotions or career opportunities;

If you have left your job or your ability to work has been affected as a result of harassment, the employment harassment lawyer Perth via court or the tribunal will usually award you damages that will compensate you for those losses.

2. Non-Economic Losses (Pain & Suffering)

This will bear for the emotional and psychological impacts that result from being harassed (for instance):

• Stress, anxiety or depression
• Loss of enjoyment of life
• Damages to personal relationships;

Australian courts have repeatedly accepted that harassment can have long-lasting effects on an individual, and damages are often awarded for these types of losses.

3. Medical and Treatment Expenses

If you sought medical treatment for the effects of workplace harassment, you may seek reimbursement for expenses that were incurred (for example):

• Psychological counselling
• Psychiatric treatment
• Medications;

These types of claims are especially relevant in workers’ compensation claims where a psychological injury has resulted from harassment.

4. Workers’ Compensation Claims

Psychological injury claims arising from workplace harassment may be covered in Western Australia and throughout Australia with a workers’ compensation claim. Coverage may include:

• Weekly income support
• Medical costs
• Rehabilitation assistance

But in order to meet the minimum threshold under the law, claims related to psychological injury must meet certain requirements.

5. General Protection Claims under the Fair Work Act

The Fair Work Act protects employees from adverse action taken against them because of their harassment or because they complained about that harassment.

You are entitled to compensation if:

• You were terminated from employment after reporting harassment
• Your employer took an adverse action against you as a result of your complaint
• You were deprived of workplace rights or privileges due to the conduct of your employer

Employment lawyers Perth WA often assist their clients with Fair Work Claims.

Practical Steps to Strengthen Your Claim

Before making a lawsuit, it’s a good idea to:

• Maintain copies of emails and other messages.
• Report the activity internally where you can.
• Communicate with your physician or a counsellor regarding the problems you’ve encountered.

Documenting your case with proper documentation will increase your probability of being fairly compensated.

Legal Pathways to Claim Compensation

You may choose to seek compensation through any of the following legal avenues:

• The Fair Work Commission
• The Australian Human Rights Commission
• Workers’ Compensation Schemes

Each of these routes has different processes, timeframes for filing, and compensation outcomes. Therefore, consult with a professional workplace harassment lawyer Perth for guidance as to which is the best option for you to pursue.

Why Legal Advice is Important

Harassment claims frequently involve many different sets of laws that are often interrelated and subject to strict timelines. For example:

• A general protection claim must generally be made within 21 days of termination of employment
• AHRC complaints have a different process and timeline
• Workers’ compensation claims require supporting medical evidence for acceptance.

By engaging with workplace harassment lawyers Perth, you will receive a professional assessment and presentation of your case. Additionally, you can negotiate a settlement with your employer, represent yourself in any hearings and legally maximise your compensation.

Conclusion

Workplace harassment in Australia is regarded seriously. To recover either economic and/or emotional damages, there are many different routes available to victims of workplace harassment under the law. The purpose of the law is to bring forth fairness and accountability back into the workplace through a variety of means.

If you are going through this process, contacting the best workplace harassment lawyers Perth can help to establish clarity, direction and access to compensation as well as protect your rights.