Australia’s workers’ compensation schemes are experiencing concerning growth in psychological injury claims. Workers with psychological injuries have more time off work than those with physical injuries and are less likely to return to work at all, like Karen, a former midwife whose workplace trauma caused ongoing injuries including a decline in mental health.
Karen’s experience as a midwife spanned 30 years. Countless babies have been safely delivered into the world thanks to Karen’s expertise and care. During her career as a midwife, she cared for and supported patients through pregnancy, taught birth classes and wrote a book celebrating pregnancy and birth.
But, not every birth experience has a positive outcome.
“We had two intrauterine deaths and one stillbirth death within a very short period of time. That was the catalyst”.
Karen
It was those three babies' deaths that broke her. "I felt something inside me snap”, she told reporters at The Sydney Morning Herald. A meeting with Natalee Davis at Shine Lawyers encouraged her to right wrong and protect what mattered.
Over Karen’s working life, particularly in the last ten years, there weren’t opportunities to debrief after experiencing workplace trauma. Midwives were faced with devastating medical outcomes or deaths of women and babies and were expected to turn up again for their next shift. There were no chances to debrief, receive counselling or have sufficient time between shifts to digest the devastation that their day-to-day work could bring.
“By the time I cracked, I’d felt unsupported and afraid so many times. I was afraid to do my job and that it could impact the guidance I gave my patients. I felt a snap in my nervous system. I was broken”.
Karen
Karen’s workplace trauma finally caught up with her. Her life was irreparably changed because of what she had experienced at work as a midwife. As a result, a diagnosis of post-traumatic stress disorder (PTSD) led to Karen’s medical termination from work and her workers’ compensation claim in New South Wales.
How Shine Lawyers helped Karen
Karen approached Shine for help with her workers’ compensation claim for psychological injury. Natalee Davis of Shine Lawyers Wollongong is Karen’s lawyer, guiding and representing her through her workers’ compensation claim against Illawarra and Shoalhaven Local Health District.
“Karen’s been let down at so many basic levels. Karen’s there to be the midwife, to be the helper, to help women and their babies that are in trauma. But who is helping the helper? There’s no one”.
Natalee
Natalee says it’s important to make workers’ compensation claims such as Karen’s. This is so local health districts and state governments can learn a lesson so that others don’t acquire post-traumatic stress from work.
Successful psychological injury claims
To make a work cover claim for psychological injury (such as anxiety, depression or PTSD) the law in most Australian states and territories requires that:
You’re a worker under the relevant law
Your work is a significant contributing factor to your psychological injury
Because of workplace trauma experiences like Karen’s, work cover claims for psychological injury are on the rise, particularly in health and care industries.
According to university research into the healthcare and social assistance industry:
Workers with psychological injury claims are disabled from working for prolonged periods because of their injury
Psychological injury work cover claims have increased rapidly between 2012 and 2021, with claims by nurses and midwives increasing by over 150%
What is vicarious trauma
Along with post-traumatic stress from work, healthcare and social assistance industry workers may experience secondary or vicarious trauma.
You can experience vicarious trauma in the workplace if you are exposed to something traumatic, particularly if you are repeatedly exposed. An example is witnessing a serious injury or fatality, such as in Karen’s work as a midwife.
With Shine Lawyers on her side, Karen continues with her workers’ compensation claim to take action and protect what matters.
