Workplace Bullying Lawyers

Written by

Issa Rabaya

Principal Lawyer and Director · Last updated 31 July 2026

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

Who can make a workplace bullying compensation claim?+

You may be able to claim if workplace bullying or harassment has caused you a psychological or physical injury in the course of your employment. In NSW, bullying and harassment are treated as a work-related illness under the workers compensation scheme, so eligible employees can seek support for their injury.

How long do I have to lodge a workplace bullying claim?+

Generally you have 6 months from when the injury occurred or when the bullying ceased to make a workers compensation claim. Courts can extend this time in some circumstances, so it is important to speak with a lawyer as soon as possible to protect your rights and options.

When can I claim a lump sum for a bullying injury?+

You may be entitled to a lump sum payment where your injury is assessed as permanent impairment. For psychological injuries the threshold is 15% whole person impairment (for injuries prior to 1 July 2026), while the threshold for physical injuries is 11% whole person impairment.

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.

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:

1. Understanding Your Rights: Our workplace bullying lawyers can explain the laws protecting you and assess whether your situation qualifies as bullying or harassment.
2. Gathering Evidence: Assistance in collecting emails, messages, or witness statements to support your claim.
3. Lodging Formal Complaints: Filing complaints with your employer, the Fair Work Commission, or relevant authorities.
4. 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

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There is no obligation and no upfront cost. We will tell you honestly whether you have a claim and what it is worth.

1800 952 898

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