I drive fuel tankers and on the 24th of december i had a…

Hello, and Happy 2019! I am an experienced employment law attorney, and I will be happy to answer your question.

The answer is yes, in most cases, despite being discharged, if you were diagnosed before you were let go, you should be able to file a Workers' Compensation claim. The law states that work-related mental stress is loosely described as any adverse reaction suffered by an employee when the demands of the workplace are beyond the worker’s capabilities or are more than the worker can comfortably manage. Chronic stress has been found to contribute to numerous physical and mental states of disease.

Work stress is now categorised as any claim where the employee suffered a physical or mental illness due to work-related stress. Mental stress is subdivided into its causes, such as the following:

Work Pressure: This covers disorders resulting from work responsibilities, deadlines, workloads, workplace promotion or performance issues, interpersonal conflicts or organisational restructure.

Workplace Violence: This includes being a victim of or witness to assault, robbery or other violent events.

Traumatic Event: Suffering or witnessing a traumatic event such as a fatal accident at the workplace.

Suicide: Any suicide or attempted suicide, regardless of outcome or cause.

Harassment and Bullying: This covers harassment for any reason, including sexual and racial, assault, abuse and threats from work colleagues.

Other Factors: This is a catchall category that includes dietary deficiencies and diseases such as bulimia or anorexia.

What You can Do

Sadly, many people in Perth who suffer from work related stress don’t make claims because there is no guarantee that their job will be there when they get back. That shouldn’t stop you. If you believe you are suffering a condition caused by work-related stress, you are entitled to compensation.

Please go to your employer's Human Resource office and demand the paperwork for filing a WC claim. You are legally entitled to do request this information, and time is of the essence since you've been discharged, so please don't allow them to push you off.

If need further information about filing for Workers' Compensation on your facts, please follow the link below:

Are You Eligible for Workers' Compensation Stress Leave?

https://www.bradfordlegal.com.au/eligible-workers-compensation-stress-leave/

​

I hope this answers your questions, and clarifies issues of the law. It was my pleasure to assist you, and I wish you the very best going forward! If you need a follow up, please ask me below. Otherwise, if you have any further employment law questions, you may request me directly at:

for melissamesq only.

I will be happy to keep this question thread open for you to continue to post follow up questions for me, but I have to ask you to please give me a positive rating on this question [no charge to do so]. A positive rating is the only way for me to get credit from the site for my work, so I can keep the question open to further assist you. Thank you for understanding!