The short answer
Usually not. Stress leave is your own paid sick leave, which you can use for any illness. Workers compensation is insurance for a psychological injury caused by your work, and each state and territory, plus the Commonwealth, runs its own scheme with its own tests [1]. Most schemes exclude injuries caused by reasonable management action, such as performance reviews or discipline [5]. If a claim is accepted, it can cover part of your wages and your treatment costs [1].
On this page
Is stress leave workers comp?
Usually not. "Stress leave" normally means taking your own paid sick leave because stress or a mental health condition stops you working. That leave comes out of your balance, whatever caused the illness. Our main stress leave guide covers how it works.
Workers compensation is different. It's insurance employers must hold for workers who are injured or become ill because of their work [1]. If a claim is accepted, it may cover part of your wages while you recover, medical and hospital costs, and rehabilitation [1]. There are 11 main schemes in Australia, one for each state and territory and 3 Commonwealth schemes, each governed by different laws [1].
Work-related mental health claims have grown quickly. Mental health conditions made up 12.0% of serious claims in 2023-24 (preliminary data), up 161.1% over 10 years [4]. These claims involve far more time off: a median of 35.7 weeks in 2022-23, compared with 7.4 weeks for all serious claims [4]. The most common causes of mental stress claims were harassment or bullying (33.2%), work pressure (24.2%) and exposure to violence (15.7%) [4].
What is a psychological injury claim?
A psychological injury claim is a workers compensation claim for a work-related mental health condition [5]. Schemes use different names, including psychological injury, psychiatric injury and mental injury, but they all need more than "I'm stressed at work".
In practice, you usually need:
- A diagnosed condition. Victoria, for example, requires a diagnosis under the latest DSM made by a medical practitioner, such as a GP or psychiatrist [9]. In Queensland, the work capacity certificate records your diagnosis [11].
- A connection to work that meets your scheme's test.
- No exclusion that applies, such as reasonable management action.
What are the tests for a stress claim?
Every scheme asks whether work contributed enough to the injury, but the wording differs, and the differences matter:
| Scheme | How much work must contribute |
|---|---|
| Queensland | Employment must be a significant contributing factor [10] |
| Commonwealth (Comcare) | A psychological injury is usually treated as a disease, which must be contributed to, to a significant degree, by employment. That means substantially more than material [6] |
| South Australia | Employment must be the significant contributing cause [3] |
| NSW (injuries notified from 1 July 2026) | The injury must be caused by a listed relevant event, with employment the main contributing factor [7] |
| Victoria (injuries from 31 March 2024) | Employment must be the predominant cause. Also excluded if predominantly caused by work-related stress or burnout from usual or typical work events [9] |
Two states have tightened the rules most recently. NSW now limits primary psychological injury claims to relevant events such as violence, bullying, harassment and excessive work demands, and says general work pressure or interpersonal conflict on its own isn't compensable [7]. Victoria excludes injuries predominantly caused by ordinary work stress or burnout, but not those caused by bullying, harassment or discrimination [9]. See our pages on NSW and Victoria for detail.
Queensland may be next. A Bill introduced in October 2026 would require employment to be "the major significant contributing factor" for psychiatric and psychological injuries sustained after it commences [15]. It isn't law unless it passes and commences. See stress leave in Queensland.
What is reasonable management action?
Most schemes exclude a psychological injury if reasonable management action was the cause [5]. This covers the normal, reasonable management of your job, such as [3]:
- performance appraisals
- counselling and disciplinary action
- transfer, demotion or redeployment
- retrenchment or dismissal
- decisions about promotions or employment benefits
The action generally has to be reasonable, and in several schemes it has to be carried out in a reasonable way [3]. Bullying isn't reasonable management action. In Victoria, for example, bullying, harassment and discrimination aren't treated as usual workplace events [9].
Which workers compensation scheme covers you?
Your claim generally goes through the scheme where your employment is based. The Comcare scheme covers employees of Australian Government agencies and authorities, and employees of national companies licensed under it, which include the ACT Government [14].
| Where you work | Regulator or authority | Psychological injury exclusion, in short |
|---|---|---|
| NSW | State Insurance Regulatory Authority [2] | Reasonable management action. From 1 July 2026, also the relevant event rules [3][7][8] |
| Victoria | WorkSafe Victoria [2] | Management action wholly or predominantly the cause, plus the stress and burnout exclusion [3][9] |
| Queensland | Office of Industrial Relations (WorkSafe Queensland) [2] | Reasonable management action taken in a reasonable way, your expectation or perception of it, and action by the Regulator or insurer on your claim [3][10] |
| Western Australia | WorkCover WA [2] | Administrative action such as appraisal, suspension, discipline, demotion, dismissal or retrenchment, if it's wholly or predominantly the cause [3] |
| South Australia | ReturnToWorkSA [2] | Reasonable action such as transfer, demotion, discipline or counselling, if it's wholly or predominantly the cause [3] |
| Tasmania | WorkSafe Tasmania [2] | Injury arising substantially from reasonable action such as transfer, demotion, discipline or counselling [3] |
| ACT (private sector) | WorkSafe ACT [2] | Injury completely or mostly caused by reasonable action such as transfer, demotion, appraisal, discipline or dismissal [3]. ACT Government employees are in the Comcare scheme [14] |
| Northern Territory | NT WorkSafe [2] | Management action taken on reasonable grounds and in a reasonable manner [3] |
| Commonwealth and Comcare licensees | Comcare [2] | Reasonable administrative action taken in a reasonable manner, such as performance appraisal, counselling, suspension or disciplinary action [3][6] |
These summaries are simplified. The exact wording in each law decides real cases, and the NSW rules changed in July 2026 [8].
How does a workers comp claim for stress work?
The steps are similar across Australia, though forms, deadlines and timeframes differ by scheme:
- Tell your employer about the injury as soon as you can, ideally in writing.
- See your GP. Your doctor assesses you and, if you're claiming, completes a certificate of capacity.
- Lodge a claim with your employer or their insurer, using your scheme's claim form.
- The insurer investigates. It may ask your employer for information and arrange an independent medical assessment.
- You get a decision. If the claim is declined, each scheme has a review and dispute process.
Some schemes help while you wait. In NSW, bullying, harassment and excessive work demands claims have a 42-day decision period, with interim payments and up to $7,500 for treatment [7]. Our state pages above cover the detail for NSW, Queensland and Victoria.
What does your GP do in a workers comp claim?
Your GP's job is clinical: assessing you, diagnosing any condition, treating you and certifying what you can and can't do. The insurer, not your GP, decides whether the claim is accepted.
The main document is the certificate of capacity (called a work capacity certificate in Queensland). It's more detailed than a regular medical certificate and is used only for workers compensation [11]. It usually covers:
- your diagnosis and how the injury happened [11]
- the treatment you need [11]
- whether you can do your normal duties, selected duties, other work, or no work for now [13]
- workplace changes that could help your recovery [11]
Certificates are time-limited. In NSW, a certificate of capacity shouldn't exceed 28 days [13]. In Victoria, the first certificate must come from a medical practitioner and can cover up to 14 days, with later certificates up to 28 days [12]. Queensland accepts work capacity certificates from doctors, including GPs and psychiatrists, but not from psychologists [11].
Our guide to a stress leave certificate explains how this differs from an ordinary medical certificate for sick leave.
Getting help
You don't need to know whether you have a claim before seeing a GP. If work is affecting your mental health, getting assessed and treated early matters more than the paperwork.
At Mental Health Clinic, your first appointment is a GP mental health assessment by video, about an hour long, available Australia-wide. Your GP can start treatment if it's right for you, review you regularly, refer you to a psychologist or psychiatrist if needed, and complete certificates where clinically appropriate. You can request an appointment.
If you're in crisis or thinking about suicide, call Lifeline on 13 11 14 or 000 in an emergency.
This page is general information, not legal or medical advice. Workers compensation law is complex and differs by state, so get advice from your scheme's regulator, your union or a lawyer about your own claim.
Common questions
Is stress leave the same as workers comp?
No. Stress leave is paid sick leave under the Fair Work Act and comes out of your own balance. Workers compensation is a separate insurance system for work-related injury and illness, and can pay part of your wages plus medical and rehabilitation costs if a claim is accepted [1].
Can you get workers comp for stress?
What is reasonable management action?
Can my GP fill out a workers comp certificate for stress?
Who decides if my stress claim is accepted?
The insurer or self-insured employer decides liability under your state or territory's law, not your GP. Disputes go through that scheme's review and dispute process, which differs by jurisdiction [1].
References
- Safe Work Australia. Workers' compensation. Accessed November 2026. safeworkaustralia.gov.au/workers-compensation
- Safe Work Australia. Comparison of workers' compensation arrangements in Australia and New Zealand 2025 (30th edition). Appendix 1: Jurisdictional contacts. Accessed November 2026. safeworkaustralia.gov.au/book/comparison-workers-compensation-arrangem
- Safe Work Australia. Comparison of workers' compensation arrangements in Australia and New Zealand 2025 (30th edition). Table 4.22: Exclusionary provisions, psychological injuries. Accessed November 2026. safeworkaustralia.gov.au/book/comparison-workers-compensation-arrangem
- Safe Work Australia. Key Work Health and Safety Statistics Australia 2025. October 2025. Accessed November 2026. data.safeworkaustralia.gov.au/sites/default/files/2025-10/Key_Work_Hea
- Safe Work Australia. Workers' compensation for psychological injury. Accessed November 2026. safeworkaustralia.gov.au/workers-compensation/workers-compensation-psy
- Comcare. Scheme guidance: Injury suffered as a result of reasonable administrative action (SRC316). July 2020. Accessed November 2026. comcare.gov.au/scheme-legislation/src-act/guidance/injury-suffered-rea
- State Insurance Regulatory Authority (SIRA). For medical or health providers: workers compensation updates. Updated 7 July 2026. Accessed November 2026. sira.nsw.gov.au/workers-compensation/workers-compensation-reforms/for-
- Personal Injury Commission NSW. Workers compensation changes to commence 1 July 2026. 30 June 2026. Accessed November 2026. pi.nsw.gov.au/news/2026/workers-compensation-changes-to-commence-1-jul
- WorkSafe Victoria. Practice directive: Mental injury eligibility. Reviewed 7 October 2024. Accessed November 2026. worksafe.vic.gov.au/practice-directive-mental-injury-eligibility
- Workers' Compensation and Rehabilitation Act 2003 (Qld), section 32 (Meaning of injury). Queensland Legislation, current in-force version. Accessed November 2026. legislation.qld.gov.au/view/whole/html/inforce/current/act-2003-027
- WorkCover Queensland. Work capacity certificate. Accessed November 2026. workcoverqld.com.au/claims-and-payments/claims/how-to-make-a-claim/wor
- WorkSafe Victoria. Claims Manual 3.2.4 Who can sign certificates and 3.2.5 Diagnosis. Accessed November 2026. www1.worksafe.vic.gov.au/vwa/claimsmanual/Claims%20Manual/3-weekly-pay
- icare NSW. How to complete a certificate of capacity. Accessed November 2026. icare.nsw.gov.au/practitioners-and-providers/gps-and-treating-doctors/
- Comcare. The Comcare scheme: overview. Last reviewed 5 September 2024. Accessed November 2026. comcare.gov.au/scheme-legislation/scheme-performance/overview
- Queensland Parliament. Industrial Relations and Other Legislation Amendment Bill 2026 (as introduced). Accessed November 2026. documents.parliament.qld.gov.au/bills/2026/5312/Industrial-Relations-a
Published by Mental Health Clinic. Last updated 6 November 2026. This page is general information only and isn’t a substitute for advice about your own situation. If you or someone else is in danger, call 000.