Workplace Bullying Lawyers
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Principal Lawyer and Director · Last updated 30 August 2026
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Key Takeaway: Workplace bullying that causes a psychological or physical injury can be covered by workers compensation in NSW. Benefits include weekly income payments of up to 95% of your pre-injury earnings for the first 13 weeks, plus medical and treatment expenses, with lump sum entitlements for lasting impairment.
Workplace Bullying: Quick Answers
Injured at work due to bullying? You deserve compensation for your psychological injury.
Workplace bullying causes serious psychological harm — and you have legal rights. If your employer or a colleague has bullied, harassed, or discriminated against you at work, you may be entitled to workers compensation for psychological injury, income replacement, and medical expenses. Withstand Lawyers acts on a no win no fee basis for bullying claims across NSW.
Call 1800 952 898 or use the form on this page for a free, confidential consultation.
What Is Workplace Bullying?
Workplace bullying is repeated, unreasonable behaviour directed at an employee that creates a risk to their health and safety. Under NSW law, it includes persistent verbal abuse, deliberate exclusion, unreasonable work demands, threats, intimidation, and humiliation.
Verbal Abuse
Yelling, insults, public humiliation, or persistent criticism unrelated to work performance
Intimidation
Threats, standover tactics, or behaviour designed to make you feel unsafe or powerless
Exclusion
Deliberate isolation, withholding of information, or being excluded from meetings and decisions
Unreasonable Workloads
Setting impossible deadlines, undermining work, or giving tasks below your skills to demean you
Harassment & Discrimination
Unwanted conduct based on gender, race, age, disability or other protected attributes
Psychological Harm
Anxiety, depression, PTSD, or stress caused by ongoing bullying or a hostile work environment
The Data Around Workplace Bullying in Australia
Workplace bullying is a widespread issue in Australia, affecting employees across various industries. Recent data highlights the extent of the problem and its impact on workers’ mental health and productivity.
Prevalence of Bullying
According to Safe Work Australia, approximately 9.4% of Australian workers reported being bullied in the workplace over a six-month period. In the Australian Public Service, this figure increases slightly, with 9.7% of employees reporting bullying or harassment within the past year.
Types of Bullying Behavior
Safe Work Australia identifies several common forms of workplace bullying, including:
- Swearing or Yelling: Reported by 37% of workers.
- Public Humiliation: Experienced by 24% of employees.
- Physical Threats or Assaults: Reported by 22%, particularly in roles involving interactions with clients or patients.
Psychological Impact
Workplace bullying contributes significantly to mental health issues, with 39% of mental disorder claims attributed to bullying, harassment, or exposure to workplace violence. These claims often involve conditions such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Industries Most Affected
Certain sectors are more vulnerable to workplace bullying, including:
- Healthcare and social assistance
- Education and training
- Retail trade
These industries often involve high-pressure environments and frequent interactions with customers or clients, increasing the likelihood of bullying incidents.
What This Employment Harassment Data Means for Employees
The statistics emphasize the urgent need for better prevention and support systems in Australian workplaces. Employees experiencing bullying should feel empowered to seek help, whether through internal reporting mechanisms or by consulting workplace harassment lawyers for legal advice and support.
If you’re facing workplace bullying, don’t hesitate to take action. Protect your rights and well-being by reaching out to our team of workplace harassment lawyers.
What about Workplace Harassment and Discrimination?
Workplace harassment and discrimination is when someone is treated differently or less favourably because of a personal attribute such as:
- Age
- Gender
- Race/Nationality
- Religion/Belief
- Marital status
- Pregnancy
- Disability
One in eight men between 25 – 34 years of age admitted that they were harassed or discriminated against by their female co-workers.
There’s a dramatic difference between men and women when it comes to being a victim of sexual harassment. Women are 6 times more likely to experience sexual harassment than men.
I’ve Been Bullied at Work. Can I Make a Workplace Bullying Compensation Claim?
Yes, you can make a workplace bullying compensation claim – but certain conditions must be met.
To qualify for compensation, your injuries must result directly from workplace bullying and be diagnosed by a medical professional as a psychological injury. General feelings of anxiety, sadness, or frustration, while distressing, are not sufficient on their own to constitute a diagnosable psychological injury for a claim.
How Can a Workplace Harassment Lawyer Help You?
Dealing with bullying or harassment can be daunting, but an experienced lawyer can guide you through the process.
Key Ways Workplace Harassment Lawyers Assist:
- Understanding Your Rights: Our workplace bullying lawyers can explain the laws protecting you and assess whether your situation qualifies as bullying or harassment.
- Gathering Evidence: Assistance in collecting emails, messages, or witness statements to support your claim.
- Lodging Formal Complaints: Filing complaints with your employer, the Fair Work Commission, or relevant authorities.
- Negotiating Settlements: Our workplace harassment lawyers can help you secure compensation for damages such as emotional distress or lost wages.
What Compensation Benefits Can I Claim for Workplace Bullying?
Medical expenses
healthcare expenses related to your injuries such as psychiatric therapy and medical equipment
Weekly payments
based on your pre-injury income
Lump sum claim payment
if your physical permanent impairment meets the 15% permanent impairment threshold.
Domestic assistance
if your permanent impairment meets the 15% permanent impairment threshold.
Common law/work injury damages payout
if your employer was negligent and your permanent impairment meets 15%.
What Is a Common Law Claim for Workplace Bullying?
Common law claim includes future loss of earnings until the age of retirement, depending on the extent of negligence, the extent of your injuries, your age and other circumstances.
You can make a common law claim under workers compensation scheme if your injuries are assessed as being at least 15% whole person impairment and your employer is responsible for your injury.
Note: The common law claim is the last step of the process; meaning that you are not going to receive any more benefits after the lump sum payment for your common law claim.
Your Workers Compensation Entitlements
If workplace bullying has caused a psychological injury, you can make a workers compensation claim through icare NSW. Compensation covers:
- Weekly income payments — up to 95% of your pre-injury earnings (first 13 weeks), then stepped down
- Medical and treatment expenses — psychology, psychiatry, GP visits, medication, and rehabilitation costs
- Permanent impairment lump sum — if your psychological injury results in permanent impairment of 15% or more (for injuries prior to 1 July 2026)
- Work injury damages — a common law claim where your employer failed to provide a safe workplace, potentially worth hundreds of thousands of dollars
- Stress leave — income-protected time off to recover, starting from the date you report to a doctor
Time limits apply. You generally have 6 months from when the injury occurred (or when it stopped) to lodge a claim, though exceptions exist. Speak to us before any deadline passes.
How to Make a Claim — 4 Steps
- 1
See a doctor — Get a medical certificate confirming your psychological injury is work-related. This is your starting point for any claim.
- 2
Report to your employer — Notify your employer of your injury in writing. Keep a record of the bullying incidents and any communications.
- 3
Lodge a workers compensation claim — Complete a Workers Compensation Claim Form and submit to your employer or insurer (icare NSW). You have 6 months from the date of injury.
- 4
Get legal advice — Our No Win, No Fee lawyers will handle the claim, negotiate with the insurer, and fight for maximum entitlements.
Workplace Bullying Lawyers FAQs
Is workplace bullying covered by workers compensation in NSW?
How long do I have to make a claim?
Generally you have 6 months from when the injury occurred or when the bullying ceased to lodge a workers compensation claim. However, courts can extend this time in some circumstances. It is best not to delay, so speak to a lawyer as soon as possible to protect your rights and preserve your options.
Can I sue my employer for workplace bullying?
Can my employer fire me for making a workers comp claim?
What if my workers comp claim is rejected?
What is the difference between a workers comp claim and a Fair Work bullying complaint?
What weekly payments can I receive for a workplace bullying injury?
If your workplace bullying injury is accepted, workers compensation can cover weekly income payments of up to 95% of your pre-injury earnings for the first 13 weeks, then stepped down after that. The scheme also covers medical and treatment expenses, including psychology and psychiatric treatment for your injury.
Can I receive a lump sum for a psychological bullying injury?
You may be entitled to a lump sum for permanent impairment. For psychological injuries the whole person impairment threshold is 15% (for injuries prior to 1 July 2026), while physical injuries have an 11% threshold. A workplace bullying lawyer can help you understand whether your injury may meet these thresholds.
Talk to a Lawyer Today
There is no obligation and no upfront cost. We will tell you honestly whether you have a claim and what it is worth.
About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.
Why Choose Withstand Lawyers for Your Workplace Bullying Claim?
Being bullied at work can leave deep and lasting harm, and you deserve a legal team that understands how serious that injury is. Withstand Lawyers has spent decades supporting workers across New South Wales through psychological and physical workplace injuries, treating every client with genuine care and respect. We know how bullying and harassment can affect your health, your income and your confidence, and Withstand Lawyers fights to secure every entitlement you are owed, from weekly payments and medical costs to lump sum compensation. Our track record speaks for itself. Over $60 million recovered, 99% success rate, no win, no fee.
Call Withstand Lawyers on 1800 952 898 for your free claim check today.
“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground. Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life. I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!” “I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.” “I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.” “Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.” “Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.” Every claim is handled by a personal injury lawyer with dedicated workers compensation and work injury experience. Issa Rabaya Director, Lawyer Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result. Esther Ihn Senior Associate Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims. Chenoa Brimble Lawyer · 4+ yrs experience Lawyer with 4+ years' hands-on experience in personal injury claims, built inside the firm before her 2026 admission, known for being organised and efficient in progressing clients' workers compensation, work injury damages, public liability and TPD claims. Lauren Bergan Lawyer · 4+ yrs experience4.9 ★ — 265+ Reviews
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