Witnessing a serious accident or traumatic event can have a lasting impact, even if you weren’t physically injured. The emotional effects, such as anxiety, flashbacks, or insomnia, are real and can deeply affect your mental health. In Victoria, the law recognises psychological injuries, and you may be entitled to compensation through WorkCover or the TAC if you’ve been emotionally affected after witnessing trauma.
Carbone Lawyers have helped individuals, workers, bystanders, and passengers, understand their rights and claim the support they deserve for psychological trauma. Learn what a psychological injury is, how WorkCover and TAC apply, what evidence you need, and how we can support you with no upfront costs under our No Win, No Fee policy.
How Victorian law treats psychological injury
In Victoria, the law acknowledges that a person can suffer a legitimate psychological injury after witnessing a traumatic event. This is called a secondary psychological injury. It refers to mental harm, like post-traumatic stress disorder (PTSD), depression, or anxiety, that arises from seeing a distressing incident rather than being physically involved in it.
Both WorkCover and the TAC allow for claims based on these types of injuries, provided they are backed by a proper medical diagnosis and a clear link to the traumatic event. This is to protect people whose mental health has been genuinely impacted by what they’ve experienced. If that sounds like you, there may be options available to help.
Examples where these claims apply
Many people don’t realise they’re eligible to claim because they think their situation is not serious enough. But these are example situations that can lead to psychological injury claims:
- A nurse witnessing a patient suffer a preventable death
- A warehouse worker seeing a colleague’s severe injury during loading
- A pedestrian watching a road accident happen in front of them
- A commuter on a tram witnessing a fatal collision
- A tradesperson seeing a co-worker fall from scaffolding
If the emotional impact from what you saw is affecting your daily life or ability to work, these may be the basis for a claim.
Can you claim under WorkCover or TAC?
WorkCover covers more than just physical injuries. If you’ve suffered a psychological injury in the course of your employment, including witnessing a traumatic incident, you may be eligible for compensation. This includes:
- Weekly payments (95% of your pre-injury wage for the first 13 weeks, then 80% thereafter)
- Payment of psychological and medical treatment
- Lump sum compensation if your condition leads to permanent impairment
To lodge a claim, you’ll need a medical certificate from your GP and evidence of how the incident occurred in your workplace.
Learn more about WorkCover psychological claims
If you witnessed a transport accident, even if you weren’t physically injured, you may be able to claim psychological injury benefits through the TAC. Eligible scenarios include:
- Witnessing a road collision
- Seeing a passenger or pedestrian seriously hurt
- Being on public transport during a traumatic incident
TAC compensation may include:
- Up to 80% of lost wages (for up to three years)
- Ongoing mental health treatment
- Lump sums for serious impairment
- Possible common law damages if someone else was at fault
What evidence is needed for a claim?
Unlike a broken bone, psychological injuries can’t be seen, so the evidence needs to come from clear documentation and diagnosis. You’ll need:
- A formal diagnosis from a GP, psychologist, or psychiatrist
- Evidence that links the diagnosis directly to the traumatic event
- Proof of how your condition is affecting your life or work
Even if your symptoms didn’t appear straight away, delayed trauma is real and legally recognised.
Frequently Asked Questions
I wasn’t physically hurt. Can I still make a claim? Yes. Under Victorian law, psychological injuries are treated with the same seriousness as physical ones.
It was an accident. I don’t want to blame anyone. Most claims are made through insurance, not against individuals. You’re not accusing someone, you’re asking for the support you’re entitled to.
Will I have to go to court? Most claims are resolved without needing to go to court. If a hearing becomes necessary, we guide and support you through every step.
Will this affect my job? You’re legally protected from dismissal or discrimination for lodging a valid WorkCover claim. We can also help enforce those rights if needed.
Why Contacting Carbone Lawyers is the right choice
Carbone Lawyers has been helping injured Victorians, including those with psychological trauma, for decades. We know the systems, we know the law, and more importantly, we understand the emotional weight these situations carry.
We’ve successfully managed claims through both WorkCover and the TAC for people who thought they didn’t have a case. With our No Win, No Fee policy, you’ll never pay upfront for legal help, and we only get paid if your claim succeeds.Start your claim today with Carbone Lawyers.
