Can You Claim Workers Compensation for Sexual Harassment in Queensland?

If you’ve suffered a psychological injury due to sexual harassment at work, you may be entitled to workers compensation.

Sexual harassment can cause serious emotional and mental harm, and the law recognises this. In this article, we explain your rights, how the workers compensation system applies to sexual harassment, and what steps you need to take to make a claim.

Prevalence of Workplace Sexual Harassment in Australia

According to the 2022 report of the Australian Human Rights Commission, approximately 1 in 3 Australians experienced sexual harassment at work within the last five years. Notably, the information, media, and telecommunications industry has the highest sexual harassment rate at 64%. These troubling statistics highlight the necessity for effective policies and support systems to tackle such behaviour.

Compensation for Sexual Harassment: Legal Framework

In Queensland, if you’ve experienced sexual harassment at work, you may be able to:

1. Claim workers compensation for any psychological injury (such as anxiety, depression or PTSD) caused by the harassment. However, under Section 232AA of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), you must demonstrate that:

• The harassment happened at work: The harassment must have occurred in connection with your job, such as during work hours, at a work event, or involving someone you work with.
• You suffered a psychological injury: You must have a medically diagnosed mental health condition (e.g., anxiety, depression, or PTSD) that was caused or significantly contributed to by the harassment.

2. Sue your employer in a civil claim under anti-discrimination laws if they failed to prevent the harassment. Under Section 133 of the Anti-Discrimination Act 1991 (Qld) and Section 106 of the SD, employers can be held vicariously liable for sexual harassment committed by their employees — unless the employer can show they took all reasonable steps to prevent the conduct. This includes having clear policies, providing staff training, and offering proper reporting procedures.

Case Study 1: Mathews v Winslow Constructors (Vic) Pty Ltd [2015]

In the case of Mathews v Winslow Constructors, the Victorian Supreme Court awarded $1.36 million to a construction worker who suffered severe psychiatric injuries from workplace sexual harassment and bullying during her two-year employment.

The harassment included:

• Sexual comments and propositions
• Threats of rape
• Pornographic material being shown to her
• Verbal abuse and humiliation
• Physical harassment

The employer initially denied liability but ultimately admitted negligence.

The court found Mathews developed chronic PTSD and either Bipolar II Disorder or major depression as a direct result of the harassment. Multiple medical experts testified she would likely never work again, leading to substantial damages for both past and future economic losses.

The judgment demonstrates employer accountability for workplace harassment and recognises the severe, long-term impact of psychiatric injuries, which can be just as debilitating as physical ones.

Case Study 2: Keegan v Sussan Corporation (Aust.) Pty Ltd [2014] QSC 64

In Keegan v Sussan, the Queensland Supreme Court awarded $237,770 to an assistant manager who suffered psychiatric injury after workplace bullying over just 11 working days upon returning from maternity leave. The employer was found liable primarily for failing to follow their own bullying policy after the employee reported the behaviour.

Key lessons from the judgment:

• Having policies without implementing them properly increases liability
• Failing to address bullying complaints seriously worsens harm
• The manager’s lack of people management training was a factor
• Special care is needed during employee transitions, like returns from leave
• The employee’s personality did not reduce the employer’s liability.
• Psychological injuries can result in substantial economic loss claims

Gathering Evidence to Support Your Claim

To support a workers compensation claim for psychological injury caused by workplace sexual harassment, you should gather strong evidence. This may include:

• Detailed written records—including dates, times, and details of each incident—are important.
• Witness statements from co-workers or others who saw or heard the harassment
• Medical reports or psychological assessments linking your condition to the harassment
• Supporting communications, such as emails, texts, or messages that show the harassment occurred or how it was reported.

It should be noted that the severity and duration of psychological injuries are critical factors that courts consider. Claimants may be required to demonstrate how the injury has affected their ability to work and their overall quality of life.

What Compensation Can I Receive for Sexual Harassment at Work?

If your workers compensation claim is accepted, you may be entitled to various benefits under Queensland law, including:

• Weekly payments to cover lost income while you’re unable to work due to your psychological injury
• Medical and rehabilitation expenses, such as psychologist or psychiatrist appointments, medications, and counselling
• Lump sum compensation if your psychological injury is assessed as permanent and stable
• Return-to-work support, including retraining opportunities and modifications to the workplace.

In more serious cases, you may also have the option to pursue a common law damages claim against your employer for negligence, which could result in higher compensation for things like future economic loss, and pain and suffering.

Employer Obligations to Prevent Sexual Harassment in Queensland

Starting 1 March 2025, persons conducting the business or undertaking (PCBU) must prepare and implement a sexual harassment prevention plan as mandated by amendments to the Work Health and Safety Regulation 2011 (Qld).

The prevention plan must:

• Be in writing and expressed in a language that workers can easily understand
• Identify all risks related to sexual harassment or sex/gender-based harassment
• Document control measures implemented or planned to manage each risk
• Explain the reasoning behind chosen control measures
• Describe the consultation undertaken with workers
• Include reporting procedures covering:
• How to make a report
• How reports will be investigated
• Right to representation
• How parties will be informed of investigation results
• Information about additional resolution procedures available

These proactive measures are intended to ensure a safe work environment and minimise the occurrence of sexual harassment. If an employer fails to create, implement, or review the prevention plan, they may be liable for a fine of up to 60 penalty units ($9,678 as of writing) for each violation.

Time Limits for Making a Claim or Complaint

Strict time limits apply if you’re seeking workers compensation or lodging a sexual harassment complaint:

• Workers compensation claims must generally be made within 6 months of the injury.
• Common law damages claims must be lodged within 3 years from the date of injury.
• Anti-discrimination complaints (including sexual harassment) must usually be lodged within 12 months of the incident.
• Complaints about discrimination or sexual harassment typically need to be filed within 12 months of the event.

Failing to meet these deadlines could affect your ability to claim. Getting timely legal advice is essential to protect your rights. Call us now for a FREE, initial consultation.

How to Lodge a Workers Compensation Claim

1. Inform a supervisor or HR representative about the incident.
2. Obtain a medical assessment to document any injuries.
3. Collect relevant records and evidence that support your case.
4. Complete the appropriate worker’s compensation claim forms.
5. Lodge the claim with WorkCover Queensland, which will decide within 20 business days if all information is provided promptly.

Remember, prompt reporting of harassment and seeking medical attention are crucial steps in establishing a strong case. Delaying these actions may weaken the claim and limit available remedies.

What to Expect During the Claims Process and Common Challenges

The claims process can be complex and may involve:

• Investigations by the workers compensation authority
• Potential disputes over who is responsible or how serious the injuries are
• Possible delays in receiving compensation

Also, navigating the complex legal system and dealing with potential employer pushback can be stressful. Rest assured, our Workers Compensation Lawyers in Gold Coast, Brisbane, Bundaberg, Hervey Bay, and Rockhampton are here to help you fight for the compensation you’re entitled to.

Commonly Asked Questions About Sexual Harassment Workers Compensation Claims

What if I’m worried about being punished for speaking up?

The law prohibits employers from punishing workers for reporting sexual harassment. If this happens, record what occurred and speak to a lawyer.

Can I pursue both a workers compensation claim and an anti-discrimination claim?

Yes, victims of sexual harassment can pursue claims under both the workers compensation system and anti-discrimination laws.

Where can I find support services for sexual harassment victims?

The Australian Human Rights Commission has a list of support services for victims of sexual harassment, which you may access here.

Next Steps for Sexual Harassment Victims

Sexual harassment in the workplace is a serious issue that can lead to significant emotional and psychological harm. Knowing your legal rights and how to pursue compensation is vital.

Victims of sexual harassment may be eligible for workers compensation if they can demonstrate that harassment occurred during employment and resulted in an injury. Employers have a responsibility to create a safe work environment and can be held liable for failing to do so.

If you or someone close to you has faced sexual harassment at work, don’t stay silent—seek legal support and stand up for your rights. Don’t hesitate to contact one of our Hervey Bay Workers Compensation Lawyers, Bundaberg Workers Compensation Lawyers, Rockhampton Workers Compensation Lawyers, or Brisbane and Gold Coast Workers Compensation Lawyers for expert guidance and support.