Stress claims make up approximately 5% of all workers’ compensation claims. It is not unusual for an insurer to decline or pend a claim. Unfortunately stress claims can be a long process.

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Do You Have A Stress Claim That Has Been
Declined Or Pended?

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The common reasons
an insurer pends a
stress claim are to
obtain further factual
and/or medical
evidence.

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The insurer will
usually seek your
pre-injury records
from any treating
doctor, psychologist
and/or psychiatrist.
This is usual
procedure.

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Do not be alarmed
even if you have
had a previous
condition.
Unfortunately
stress claims can
be a long process.

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Stress claims make up
approximately 5% of
all workers’
compensation claims.
It is not unusual for an
insurer to decline or
pend a claim

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According to the law, the
insurer must notify you of
a decision to either
accept, pend or decline a
claim within 14 days of
receipt of the claim form

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.
This does not mean your
claim will fail, even
though the insurer may
take an opposite view.

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.
The insurer may also
arrange for you to be
reviewed by an
independent medical
specialist to determine
the cause of the
stress, the diagnosis,
prognosis and your
work capacity.

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That evidence may
or may not support
your stress claim
and ultimately the
insurer may
continue to pend
your claim, or
decline your claim.

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If you have a claim
that has been pended
or declined, you are
entitled to challenge
the insurer’s decision
by obtaining evidence
in support of your
claim

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and commencing
the dispute
resolution process
through WorkCover
WA for the question
of liability to be
determined.

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The first step in this
process is to file an
application for
Conciliation which
results, in many
cases, reaching a
negotiated
settlement.

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If the matter does
not resolve at that
point, you may wish
to bring an
application for
Arbitration for an
Arbitrator to make a
decision based on the
evidence.

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This can be process, can be complex and
requires an understanding of the applicable law.

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At Peninsula
Personal Injury
Lawyers we are
dedicated to providing
advice and
representation with
regards to your claim.