Worker failing to disclose illness foils a claim of $1.4milion


The worker: failed to make a "candid disclosure" about her psychological problems to her employer when it enquired on the issue; later told the employer she was receiving treatment outside of work when she wasn't; and didn't seek out any of the workplace support services she knew were available, it found.

The worker sued the State of NSW claiming she suffered incapacitating post-traumatic stress disorder and depression from attending traumatic cases including suicides, fatal accidents, deaths of children and other crime scenes.

The NSW District Court found a Tuggerah Lakes Local Area Command police officer failed to prove her employer was negligent in not providing her with timely psychological treatments while being aware she was at risk of injury from exposure to a number of traumatic incidents.

The major employer has avoided a $1.4 million damages award, in a case examining the duty of care to psychologically vulnerable workers who don't disclose their problems.


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