Work-Related Mental Injury Policy v15.0
Summary
Mental Injuries Policy
Objective
3.0 A work-related event causes the mental injury
Refer to this guidance to help you determine cover where a
person suffers a clinically significant mental injury caused by a
a For a work-related mental injury to be covered, it must be
traumatic work related event.
caused by a single, sudden event that occurred in a
person’s place of employment. The person must be at the
1) Overview
place for the purpose of employment or at a place of
2) The Client is diagnosed with a clinically significant mental
employment during a break.
injury
b The mental injury assessor’s report should identify
3) A work-related event causes the mental injury
whether the event was a material or substantive cause of
4) A single, sudden event causes the mental injury
1982
the mental injury.
5) The event was experienced, seen or heard
6) The direct outcome of a sudden event
7) The event can reasonably be expected to cause mental injury
8) Links to legislation
4.0 A single, sudden event causes the mental injury
Act
a For a mental injury to be covered, the mental injury must
be caused by a single event.
Background
b The event that caused it must be sudden in onset. A
ACC has been able to consider claims for work-related mental
sudden event is one that occurs quickly with little or no
injuries since 1 October 2008.
warning, but the event itself may last a short or longer
time. An event lasting a short time might include a drive-
by shooting, while an event lasting longer could be a hos-
Owner
tage situation lasting many hours. Irrespective of their
duration, both are sudden events.
Expert
c A series of events that arise from the same cause or
Policy
circumstance can still be considered a single event. In
these situations take care to ensure that all parts of an
Information
1.0 Overview
event are clearly identifiable and occur at a precise point
in time. This is different to a gradual process, which
a Mental injuries not covered by this include:
refers to a series of recurring events over a longer period
• exposure to traumatic events outside of work
that have a cumulative effect.
• gradual onset workplace stress.
NOTE Series of events that arose from the same
b The work-related mental injury must have been caused
cause or together comprised a single inci-
by a single, sudden event that occurred in a client’s
dent
employment.
The client may experience a series of events at
Official
c Unlike other mental injury claims, a work-related mental
work that arose from the same cause or together
injury does not need to be linked to a physical injury. If
comprised a single incident.
the client receives a physical injury you should also con-
For example: a police officer or soldier is ex-
sider whether the claim for cover is for a mental injury re-
posed to several similar life-threatening situa-
the
sulting from a physical injury as the two claims have dif-
tions over a short period of time (weeks or a few
ferent criteria and dates of injury. This will depend on the
months, not years).
content of the mental injury assessment. Seek advice
In this case, call the Technical Specialist Hotline
from your Team Manager if you are unsure.
for guidance.
d Example:
A bus driver in Manukau swerves to avoid hitting a pede-
strian who deliberately steps in front of the bus. The
5.0 The event was experienced, seen or heard
under
pedestrian is killed instantly when they are clipped by the
a In order for the mental injury to be covered the client
front end of the bus. As the bus driver is suffering from
must directly experience the event that caused the
severe clinical depression because of this event his gen-
mental injury. The client must see or hear the event in
eral practitioner lodges a claim for a work-related mental
order to experience it.
injury.
b Someone who experiences an event via a technological
medium - including but not limited to closed circuit tv,
computer, a video call/conference, telephone call, 2-way
2.0 The client is diagnosed with a clinically signif-
radio - as a part of their job, could be considered for
icant mental injury
cover for a work-related injury if:
a In order for the mental injury to be covered, it must be
• The client has direct involvement or active participation
diagnosed as being a clinically significant behavioural,
(not a passive observer) in the event, and
Released
cognitive, or psychological dysfunction.
• The event is experienced live (in real-time).
b The diagnosis must be made by a qualified mental injury
c A person cannot experience an event directly if they:
assessor following a standardised system. For more
• see it on television after the event
information, see the link to the 'Mental Injuries' Promapp
• see pictures of, or read about it, in the news media
entry below.
• hear about the event from radio, telephone, or another
person.
c Temporary distress that constitutes a normal reaction to
trauma is not covered.
ACC > Claims Management > Manage Claim Registration and Cover Decision > Operational Policies > Cover Decision > Mental injuries > Work-Related Mental Injury Policy
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d Example:
Accident Compensation Act 2001, section 28 Work-
A security officer operating a CCTV camera may witness
related personal injury
a traumatic crime in real time and be unable to intervene,
http://www.legislation.govt.nz/act/public/2001/0049/latest/DLM100918.html#DLM100918
resulting in PTSD. The officer had direct involvement as
part of their role, therefore they may be eligible for cover.
However, if a colleague a week later reviewed the foo-
tage, it is unlikely they would meet the criteria of expe-
riences, sees, or hears an event directly, as they were not
an active participant in the event.
e In most cases, a person will see an event directly. In
cases where a person experiences the event through
hearing it, for example from a room adjacent to that
where the event took place, extra care will be required.
f If a claim is lodged as a result of witnessing an event by
a person who is required to provide video security
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surveillance as part of their employment, seek advice
from a Technical Specialist.
Act
6.0 The direct outcome of a sudden event
a If the person does not directly witness the event as it
occurs, they can still be eligible for cover for a mental
injury if they are involved in, or witness, the direct out-
come of the event.
To be directly involved in, or witness, the outcome of a
sudden event means the person must be physically
present at the scene of the event.
A person may be at the scene of the event and:
• provide medical assistance
• provide emergency response assistance
• be part of a rescue or clean up operation.
Information
7.0 The event can reasonably be expected to cause
mental injury
a In order for the mental injury to be covered, it must be
caused by an event that could reasonably be expected to
cause mental injury to people generally.
b
Official
Events that could reasonably be expected to cause
mental injury would:
• provoke extreme distress, horror or alarm in almost eve-
ryone
• be outside the normal range of human experience
the
(normal human experience would include bereavement,
business loss, and divorce).
c In cases where the event is significant, there will usually
be lots of information that can be gathered from
workplace incident reports, and police or emergency ser-
vices reports, as well as a Department of Labour inves-
under
tigation. The more information that can be obtained, the
more robust the cover decision will be.
8.0 Date of work-related mental injury
a Cover is applicable for work-related mental injury where
the client first sought treatment for the mental injury after
01/10/2008. This applies even if the event itself occurred
prior to 01/10/2008.
b The date of work-related mental injury is the date when
Released
the client first sought treatment.
9.0 Links to legislation
Accident Compensation Act 2001, section 21B Cover
for work-related mental injury
http://www.legislation.govt.nz/act/public/2001/0049/latest/DLM1671503.html
ACC > Claims Management > Manage Claim Registration and Cover Decision > Operational Policies > Cover Decision > Mental injuries > Work-Related Mental Injury Policy
Uncontrolled Copy Only : Version 15.0 : Last Edited 16 November 2023 10:34 : Printed 05 December 2024 10:47
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