Can I Claim for Discrimination at the Workplace?

When it comes to accidents at work, you can claim compensation for defective equipment; unacceptable adherence to health and safety regulations; trips, slips, and falls; or noxious substances. Injuries sustained from accidents may include broken bones, muscular damage, burns, asbestos-related diseases, and repetitive strains.

Types of Potential Claims

Even people who are self-employed can make a claim against a client. Some of the potential claims can be made for the following:

  • A physical injury at a client’s workplace, such a slip or trip and fall
  • An injury caused by faulty services or items at a client’s facility

Psychological Injury

In addition, self-employed individuals and employees can sue for a psychological illness or disease that results from working at a client’s site or company. The psychological condition may result from working for a supervisor or a client or from harassment or discrimination on the job or during work.

If you are making a compensation claim for discrimination, you can do so for injury to your feelings and financial losses. In this instance, you are claiming compensation for the hurt, upset, and distress that another party’s discrimination caused. You can learn more about psychological injury by referring to online.

Factors Considered When Making a Discrimination Claim

The factors that affect a claim for discrimination or one resulting from psychological injury include the following:

  • Whether the person(s) knew what he or she was doing
  • Your vulnerability
  • How the party involved in the discrimination has since behaved
  • How you have been impacted by the discriminatory behaviour
  • The seriousness of the discrimination

Was the Discrimination Direct or Indirect?

If the discrimination was malicious and direct, you normally will receive more money than if the discrimination was indirect. For instance, a form of direct discrimination such as harassment, will attract a higher settlement than if your employer or client changes his or her policy on part-time work, which causes childcare difficulties.

Vulnerability is based on whether you are disabled or pregnant. So, a higher award is often issued for people in these particular circumstances. If your employer or client apologised for his or her discriminatory behaviour after you complained, then the effect of the discrimination may be reduced in the court’s eyes.

How Did the Behaviour Affect You Psychologically?

However, the biggest factor impacting an award is the effect the discrimination had on you psychologically or how much damage it did to your feelings. For instance, if you are annoyed rather than hurt or distressed from the discriminatory behaviour, the award usually will not be as high. If the discrimination included a dismissal or you were relieved of your responsibilities as a self-employed contractor, then the settlement typically is increased.

So, if you were discriminated against before you were dismissed or relieved of your responsibilities, the award you receive for psychological distress and injury is usually increased. Typically, examples of this kind of discrimination include:

  • Not making reasonable adjustment to adapt to a disability
  • Harassing the claimant in the workplace
  • Not permitting a worker or contractor to work flexible hours to care for his or her children

If the discrimination involved harassment, the compensation is normally contingent on the number of incidents, the seriousness of the incidents, the effect on a claimant’s health, and whether the claimant had to take time off work or leave the job or assignment.