QLD Does an employer owe a duty of care that their employee is mentally healthy?

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kingofmeereen

Active Member
6 March 2020
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Like for example, a paramedic or a police are expected to witness very brutal scenes. Do their employers owe them a duty of care in ensuring they are still mentally healthy and if not and they do suffer some form of psychiatric injury, will they be entitled to sue their employer for compensation?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Do their employers owe them a duty of care in ensuring they are still mentally healthy
Yes, but this is not a positive duty, it is a responsibility not to injury the employee at work. There are some exceptions, such as firing an employee, not promoting an employee so it is not a straight forward yes answer.

if not and they do suffer some form of psychiatric injury, will they be entitled to sue their employer for compensation?
Not normally. Most cases will result in a workcover claim. I am not in Qld so don't know how the QLD workers comp laws affect common law rights.