Mental Health and Workers’ Compensation: When Can You Make a Claim?  

Posted on Oct 20, 2026 | by Nikolovski Lawyers

By Chris Nikolovski

Psychological injuries are not new. For many years, people have experienced stress, trauma and psychological injury in the workplace without necessarily having the knowledge, language or support to talk about what they were experiencing.

Today, we have a much better understanding of mental health and the importance of seeking help when something isn’t right.

A company director can wear many hats. They may be responsible for managing the business, but they can also perform day-to-day work just like other employees and are an integral part of the team.

Whether you work for a small company, or are a director of a large national or international company, your position as a director does not, itself, prevent you from being covered by workers’ compensation legislation.

This means if you suffer an injury in the course of your work, you may be entitled to make a workers’ compensation claim with the company for which you work.

Understanding whether you fall within the definition of a “worker” is therefore important.

A psychological injury can have a significant impact on someone’s ability to work and their day-to-day life.

Work-related mental health issues can arise in a number of circumstances, including workplace bullying, harassment, traumatic events, excessive work-related stress or other experiences connected to employment.

It’s important not to dismiss psychological symptoms simply because an injury cannot be seen.

If your work is contributing to a mental health condition, speaking up and seeking appropriate support is an important first step.

Depending on the circumstances, a psychological injury may give rise to a workers’ compensation claim.

However, workers’ compensation legislation contains specific requirements that need to be considered when determining whether a claim is available. The circumstances surrounding the injury, its connection to your employment and the applicable legislation will all be relevant.

This is why getting legal advice can be important if you believe your mental health has been affected by your work.

One of the most important things you can do if you’re struggling with a work-related mental health issue is to speak to someone.

That might mean talking to your doctor, psychologist or another qualified health professional about what you’re experiencing. Professional support can help you understand what is happening and access appropriate treatment.

It can also be appropriate to get advice about your legal rights and whether you are entitled to make a workers’ compensation claim.

A claim may provide access to treatment and other forms of support that can assist you during your recovery.

We have come a long way in our understanding of mental health, but there is still work to be done to remove the stigma around psychological injuries.

If your work is affecting your mental health, you don’t have to simply carry it on your own.

Speak out, seek professional support and find out what options may be available to you.

At Nikolovski Lawyers, we can provide advice about workers’ compensation claims involving psychological injuries and help you understand your rights, options and procedure.

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