So you’re asking yourself “how much can I sue for emotional distress Australia”? Emotional distress is severe mental or emotional pain caused by a particular event or incident. It can come up in court in many ways and give rise to claims.
Life can throw curveballs at us and leave us feeling emotionally shaken. This distress can come from:
- Direct physical harm: motor vehicle accidents, medical negligence, or violence/domestic violence.
- Indirect exposure: Witnessing traumatic events even if you weren’t directly involved. A person who sees such accidents can go into pure psychological injury or psychological shock and can develop into post-traumatic stress disorder (PTSD).
- Workplace issues: harassment, bullying, or unsafe work environments.
- Personal violations: Sexual harassment or other forms of abuse.
- Loss and grief: Losing a loved one or facing significant personal losses.
- Sudden shocks: Witnessing a traumatic accident, even if you don’t know the people involved.
Read on to find out more about the personal injury question, “How much can I sue for emotional distress in Australia?”
What Is Emotional Distress?
It’s not just feeling sad or stressed. Emotional trauma or distress describes a significant psychological injury from an unexpected or overwhelming event. This event can be a single incident, like an accident or assault, or a series of ongoing circumstances, like abuse or bullying.
What Is Its Impact on Individuals?
The intense emotions associated with emotional distress like fear, helplessness and horror can be debilitating. They can make it hard to:
- Process the event: Accepting and understanding what happened becomes difficult.
- Cope with daily life: Simple tasks, relationships and activities can feel overwhelming.
- Maintain emotional well-being: Anxiety, depression and other mental health conditions often arise.
What Are the Consequences?
The question “how much can I sue for emotional distress Australia” also asks about its severity. Some people experience temporary disruption; others face long-term effects. In some cases it can lead to clinical diagnoses. The Australian Government Treasury reports on types of mental harm in Australia:
1. Consequential Mental Harm:
- Happens as a direct result of physical injury.
- Example: Depression after a severe accident.
- Treated the same as physical injury in court.
2. Pure Mental Harm:
- Not connected to physical injury.* Example: Anxiety from witnessing a traumatic event.
- Harder to claim for compared to physical harm or consequential mental harm.
The reason for this is because it’s difficult to prove pure mental harm objectively.
Also, many people can be affected by a single event making compensation complex. Limited resources prioritise physical harm first.
How Much Can I Sue for Emotional Distress Australia: Work Related Matters
Mental health at work matters. In Australia, work-related mental disorders are a major concern. A report from Safe Work Australia aims to paint a picture of the issue using workers’ compensation data.
- Work-related mental disorders are a top priority for health and safety in Australia.
- This report uses data from 2008-2013 to show how many workers receive compensation for mental health issues related to their job.
- The report also looks at claim rates and different worker groups to see who’s most affected.
Breakdown of Psychological Injury Claims
Employees and workers may also ask the question, “How much can I sue for emotional distress Australia?” The same report from Safe Work Australia reveals the financial and personal toll of psychological injuries on workers in Australia:
Top Claimants:
- Army, firefighters, and police: Highest number of claims, averaging $65,200 payouts and 46 weeks off work.
- School teachers: Second-highest claims with $23,100 payouts and 12 weeks off.
- Health support workers: Third highest with $20,100 payouts and 14 weeks off.
Other Notable Groups:
- Bus and rail drivers: Relatively low payouts ($4,200) but short absences (2 weeks).
- Personal carers and assistants: moderate payouts ($12,000) and absences (10 weeks).
- General clerks: High payouts ($24,800) and long absences (15 weeks).
- Nursing and midwifery professionals: moderate payouts ($18,400) and absences (11 weeks).
- Sales and administrative workers: Lower payouts ($13,400 & $35,900) but longer absences (14 & 20 weeks).
- Social and welfare professionals: Moderate payouts ($24,000) and absences (18 weeks).
How Much Can I Sue for Emotional Distress Australia: Provisional Liability in NSW
So you get hurt at work and lodge a compensation claim. In NSW, the insurer has 7 days to start paying you or explain why they can’t. If they need more time to decide on your claim, they can enter provisional liability. This is important when asking, “how much can I sue for emotional distress Australia?”
Think of it as a 12-week “holding period.” You continue to receive income support and medical treatment while the insurer investigates your claim. It gives them time to get all the facts and make a fair decision. So why is provisional liability good?
- Faster support: You don’t face financial hardship while waiting for a decision.
- Better treatment: You can get medical care right away.
- Fairer outcome: The insurer has time to investigate.
- Faster return to work: Early support gets you back on your feet quicker.
- Bonus points: It benefits both employers and workers! Employers get peace of mind knowing you’re being looked after, and workers get the help they need to recover and get back to work.
How Can JB Solicitors Help?
We hope this article on “How much can I sue for emotional distress Australia” has helped you understand your rights and options. JB Solicitors will review your situation, including the event that caused your distress, the symptoms you’re experiencing, and any available evidence.
Our team of lawyers can also speak to professionals like psychologists and psychiatrists to better assess your mental health. This way we can help you:
- Determine if you have valid emotional distress claims, personal injury claims or workers compensation claim.
- Know if you can get cover for medical expenses due to treatment for psychological trauma or mental illness.
- Represent you in court and defend your interests.
Contact a personal injury lawyer today if you have more questions aside from “how much can I sue for emotional distress Australia?”
Last updated: 05 May 2025
