Workers compensation lawyers representing workers harmed by bullying or harassment arising in the course of employment.
What we can help you with.
We act for people across the full range of workplace harassment claims, including
- Workplace bullying involving repeated or unreasonable behaviour
- Harassment causing psychological injury such as anxiety, depression, or stress-related conditions
- Sexual harassment resulting in psychological harm in the workplace
- Hostile or unsafe work environments leading to mental health injury
- Workplace conduct that escalates into a diagnosable psychological injury over time
Free initial consultation
You speak directly with an experienced workplace harassment lawyer who listens carefully to what has occurred, explains whether a compensable psychological injury may exist, and outlines what to expect from the process ahead.
We identify the correct pathway
We assess how workers’ compensation applies to your situation, identify the correct insurer, and ensure your position is protected from the outset.
Support throughout your claim
We take care of every step of the claim process, including obtaining expert medical evidence and handling negotiations, and keep you informed at every stage - so you can focus on your recovery and stability.
Resolution and outcomes
When your claim is ready to progress, we pursue appropriate outcomes through the workers’ compensation system and, where applicable, resolve the matter based on the full impact of the injury.
With office locations in Brisbane, Logan, Ipswich, Gold Coast, Sunshine Coast and Toowoomba, you can easily meet with us in person. We also provide online or phone consultations, and can come to you if needed.
Who can make a workplace harassment claim?
You may be entitled to make a workplace harassment claim in Queensland if you have suffered psychological harm caused by bullying or harassment in the course of your employment, including if you are:
- Employees subjected to bullying or harassment at work
- Managers and supervisors experiencing harassment or inappropriate conduct
- Casual, labour hire, and contract workers
- Apprentices and trainees
- Families of workers who have died as a result of work-related psychological injury
Eligibility depends on the specific circumstances. A short discussion with a workplace harassment lawyer is usually enough to confirm where you stand.
Fewer than 5% of Queensland personal injury lawyers hold Queensland Law Society Accredited Specialist status, which recognises the highest level of industry expertise, experience, and ethical standards.
We don't add extra percentages or "success fees" to your settlement. No additional percentage comes out of your final compensation.
We cover all your evidence costs upfront, including medical reports, so you’re not out of pocket while your case is ongoing.
We actively guide you through each stage of the process, explain what to expect and when, and provide practical support through the personal and financial challenges that can follow injury or illness.
Beyond "No Win No Fee"
Most Queensland injury firms advertise "No Win No Fee". What matters is how that actually works in practice - and where the financial risk really sits during your claim.
At Gain Lawyers, we take No Win No Fee literally. You don't pay anything upfront and nothing while your claim is ongoing. We cover the cost of medical reports and other expert evidence as the case progresses, so you're not out of pocket while focusing on your recovery.
If your claim succeeds, you pay our professional fees from the settlement. We don't charge uplift or "success" fees - many firms add up to 25% on top of their costs, but we believe compensation for injury should go to you.
If your claim is unsuccessful, you don't pay our legal fees or the evidence costs we've incurred. We write those costs off entirely.
Jeremy Roche, Director At Gain
How workplace harassment compensation claims work in Queensland
Workplace harassment and bullying compensation in Queensland operates through several legal frameworks rather than a single pathway. A worker harmed by bullying or non-sexual harassment at work may have rights under workers' compensation law, the Fair Work Act 2009 (Cth) (which provides for stop-bullying orders), work health and safety legislation, anti-discrimination law where the conduct is connected to a protected attribute, and at common law in some circumstances. Whether one or several of those pathways applies depends on the nature of the conduct, the harm caused, and the worker's current employment status.
The right approach to a workplace bullying claim often involves more than one pathway running in parallel, addressing different aspects of the harm and offering different remedies.
What workplace bullying and harassment is
Workplace bullying is defined in the Fair Work Act 2009 (Cth) as repeated unreasonable behaviour by an individual or group of individuals towards a worker that creates a risk to health and safety. Three elements have to be met for conduct to qualify as bullying. The behaviour must be repeated, it must be unreasonable when assessed objectively, and it must create a risk to health and safety. A single incident, no matter how unpleasant, does not generally meet the legal definition of bullying, although it may give rise to other claims.
Workplace harassment that is not sexual in nature is captured by the same framework where the conduct is unreasonable and repeated. Conduct that is connected to a protected attribute (race, age, disability, religion, sexual orientation, gender identity, parental status, family responsibilities, and others) may also engage anti-discrimination law under the Anti-Discrimination Act 1991 (Qld) and federal anti-discrimination statutes, even where the conduct also amounts to bullying. Workplace conduct can therefore sit in more than one legal category at the same time, which is why initial classification of the conduct affects which pathways are available.
Workers' compensation claims for psychological injury caused by bullying
Where workplace bullying causes a diagnosable psychological injury, a worker may pursue a claim under Queensland's workers' compensation scheme. The Workers' Compensation and Rehabilitation Act 2003 (Qld) compensates injuries that arise out of, or in the course of, employment, where employment is a significant contributing factor to the injury, and psychological injuries caused by workplace bullying commonly meet that test where the conduct is documented and the injury is supported by appropriate medical evidence.
The most contested issue in workplace bullying psychological injury claims is the "reasonable management action" exclusion in the WCRA. The Act excludes psychological injuries that arise from reasonable management action taken in a reasonable way, which means that where an employer characterises the conduct as performance management, disciplinary action, or operational decision-making, the insurer will commonly argue the exclusion applies and the claim falls outside the scheme.
The exclusion is fact-specific. Whether conduct is "reasonable management action taken in a reasonable way" depends on the substance of the action, how it was decided, how it was communicated, and whether it was carried out in a manner that respected the worker's dignity and procedural rights. Conduct that began as legitimate management action can shift outside the protected category where it was implemented unreasonably, escalated disproportionately, or was used as a vehicle for personal targeting of the worker. Many workplace bullying claims succeed because the conduct, examined as a pattern, falls outside what a reasonable manager would have considered necessary or proportionate.
Where the bullying causes permanent impairment and employer negligence can be established, the same claim may also progress to a common law damages claim against the employer, drawing on the legal test of negligence and the employer's non-delegable duty to provide a safe system of work. The full structure of the two-stage claim is part of how workers' compensation claims operate in Queensland.
Stop-bullying orders and other regulatory pathways
For a worker who is currently employed and experiencing ongoing bullying, the Fair Work Act 2009 (Cth) provides a forward-looking remedy that workers' compensation does not. The Fair Work Commission has the power to make orders to stop bullying, requiring specified conduct to cease and putting in place protective measures around the worker's continued employment. Stop-bullying orders are not retrospective and do not provide compensation, but they can be made quickly and they apply while the worker remains in the role, which makes them particularly useful where the immediate priority is stopping the conduct rather than seeking financial compensation for past harm.
Stop-bullying orders are limited to current employees of constitutionally covered employers, and the Commission cannot make orders against a worker who has already left the role. Where a worker has been dismissed or has resigned because of the bullying, General Protections claims under the Fair Work Act 2009 (Cth) may be available where the dismissal was connected to a workplace right (such as making a complaint about the bullying), and unfair dismissal claims may also be available depending on the circumstances. Where the bullying was connected to a protected attribute, anti-discrimination complaints can be lodged with the Queensland Human Rights Commission or the Australian Human Rights Commission and proceed through conciliation and, if needed, to QCAT or the federal courts.
The Work Health and Safety Act 2011 (Qld) and the Work Health and Safety Regulation 2011 (Qld) impose duties on employers to manage psychosocial hazards, including the risk of workplace bullying, and breaches of those duties can be the subject of regulator action by Workplace Health and Safety Queensland separately from any individual compensation claim.
Time limits across multiple pathways
Workplace bullying matters are subject to multiple deadlines running concurrently across different legal frameworks, and missing a deadline on one pathway does not always remove access to the others, but it can permanently close that route.
Workers' compensation applications should be lodged within six months of the day the worker is assessed by a doctor as injured, with common law damages claims arising from the same injury generally needing to be commenced within three years of the date of the injury. Stop-bullying applications to the Fair Work Commission can be made at any time while the worker remains employed and the bullying is ongoing, but they cannot be made after employment ends. General Protections claims involving dismissal must be lodged within 21 days. Anti-discrimination complaints under the Anti-Discrimination Act 1991 (Qld) generally have a one-year time limit, and federal anti-discrimination complaints to the Australian Human Rights Commission have a 24-month time limit. The full set of time limits for personal injury claims across the workers' compensation pathway operates alongside these specialised Fair Work and anti-discrimination deadlines, and the shortest deadline (21 days for dismissal-related General Protections) can pass before a worker has had time to obtain medical assessment.
For the workers' compensation pathway specifically, missing the six-month application window does not always automatically end the claim. Section 131(5) of the Workers' Compensation and Rehabilitation Act 2003 (Qld) allows WorkCover to waive the time limit where the late application was due to mistake, absence from Queensland, or other reasonable cause, although the threshold is fact-specific and ignorance of the right to claim is generally not enough on its own.
3 things to know about workplace harassment claims in QLD
“I was out of my depth making a claim, but Jeremy made me feel at ease the whole way through. I was so confident in him right from the start and he did a fantastic job. He genuinely cared about me.”
.svg)
Workplace harassment lawyer FAQs (QLD)
Do I need a lawyer, or can I handle a workplace harassment issue myself?
It depends - but workplace harassment matters are often harder to manage alone than people expect. Many workers try to deal with issues internally or through HR first, which can be appropriate in some cases. Problems often arise when the conduct continues, escalates, or starts affecting health, work capacity, or job security. A short conversation can help clarify whether the situation is likely to support a legal claim and what options exist.
What counts as workplace harassment under Queensland law?
Workplace harassment generally involves repeated, unreasonable behaviour directed at a worker that creates a risk to health and safety. This can include bullying, intimidation, verbal abuse, exclusion, excessive scrutiny, or ongoing humiliation. The focus is on patterns of behaviour and impact, not isolated disagreements or personality conflicts.
What if the behaviour is subtle or not openly abusive?
Harassment does not need to be overt or aggressive to be serious. Many cases involve sustained undermining, isolation, unreasonable workloads, or constant criticism. What matters is how the behaviour affects the worker over time and whether it creates a risk to psychological or physical health.
Can workplace harassment lead to a compensation claim?
Yes, in some circumstances. Where harassment causes a psychological injury such as anxiety, depression, or adjustment disorder, a workers’ compensation claim may be available. Other legal pathways may also exist depending on the nature of the conduct and how it was handled by the employer.
What if my employer says it was “reasonable management action”?
This is a common response. Employers may argue that performance management, discipline, or workplace decisions were reasonable and therefore not compensable. Whether conduct qualifies as reasonable management action depends on how it was carried out, not just what was intended. Many disputes turn on this distinction and require careful assessment of the evidence.
Do I need medical evidence for a workplace harassment claim?
In most cases, yes. Claims involving psychological injury usually require medical evidence linking the workplace conduct to the injury. Early medical assessment is important, even if the impact initially seems manageable or intermittent.
What if I’m still working at the job?
You may still have options. Some people seek advice while remaining employed, particularly where they are unsure whether to escalate internally or take formal action. Early advice can help avoid steps that unintentionally weaken a later claim or worsen the situation.
What if I’ve already raised the issue with HR or management?
This does not prevent a lawyer from helping. Internal complaints, emails, and HR processes often form part of the evidence. A brief review can help clarify what matters, what does not, and whether the situation has been handled appropriately.
What if the harassment came from a co-worker rather than a manager?
That does not rule out a claim. Employers have obligations to provide a safe work environment and to respond appropriately once issues are raised. Liability often turns on how the employer addressed the conduct after becoming aware of it.
Will a workplace harassment claim end up in court?
Probably not. Many matters resolve through workers’ compensation processes, insurer reviews, or negotiated outcomes once medical evidence is clear. Court proceedings are generally a last resort.
What if I can’t afford legal fees right now?
Initial advice is free, and you pay nothing upfront or while the claim is ongoing. If your claim succeeds, our professional fees are paid from the outcome. We do not charge uplift or “success” fees, and we cover the cost of medical and expert evidence as the case progresses. If a claim is unsuccessful, we write those costs off entirely.
If I contact Gain Lawyers, am I committing to taking legal action?
No - the initial consultation is free and often useful in its own right. In many cases, we can help you understand whether the situation is likely to meet the legal threshold for a claim, what options exist, and whether taking action makes sense for you. The first conversation is about clarity and direction, not pressure.