NSW Work Injury Claim

NSW Work Injury Claim

Threats at work without physical contact: NSW workers compensation guide

A threat can be workplace violence even without physical contact, but a workers compensation claim still requires the relevant legal and medical elements. The evidence should establish what was said or done, context, credibility and effect.

Respectful, non-graphic a secure office desk with a silent phone, closed incident log, access-control record and counselling referral, no readable messages; no violent act, injured person, weapon, logo or readable text is shown.
The event record, safety response, medical evidence and work-capacity evidence should be reviewed together for a threats without physical contact claim.

Overview

Threats at work without physical contact

A threat can be workplace violence even without physical contact, but a workers compensation claim still requires the relevant legal and medical elements. The evidence should establish what was said or done, context, credibility and effect.

General information only. It is not legal advice for your individual matter, and past outcomes do not guarantee future results.

How this accident commonly happens

Threats at work without physical contact can occur through specific verbal or written threat of harm and intimidating conduct creating a fear of violence. The incident history should identify the task, equipment, location and sequence of events rather than relying on the job title alone.

Repeated calls, messages, following or attempts to enter the workplace.

People commonly exposed

People commonly exposed include workers threatened in person, by telephone or through electronic messages and workers subjected to stalking or intimidating conduct. Employment records should identify each person's task, employer and position in the work area when the incident occurred.

Workers threatened by customers, clients, colleagues or members of the public.

Common injuries from this accident type

Medical records after a threats at work without physical contact may identify a diagnosed psychological injury where supported and physical symptoms that require their own medical analysis. Each diagnosis should be linked to the event or exposure and to the worker's actual functional change.

No compensable psychiatric injury where there is distress but no diagnosed disorder or required legal connection.

Immediate reporting and safety records

After a threats at work without physical contact, immediate reporting and safety records may include incident and security report quoting the threat accurately and message, voicemail, call or CCTV preservation. These records can establish what was known at the time without requiring the worker to repeatedly recount a traumatic event.

  • Police event number and safety response where relevant.
  • Witness, access and supervisor records.

Evidence that may help

For a threats at work without physical contact, the first evidence to preserve includes context, identity, prior conduct and any escalation and work task or contact that led to the threat. It is most useful when dates, people, equipment, duties and later medical histories tell a consistent account.

  • Changes to access, roster or safety controls.
  • Medical evidence and capacity certificate.

Medical and psychological evidence

Medical and psychological evidence after a threats at work without physical contact may include GP and psychological records identifying diagnosis, timing and functional effect and treatment history and medication where relevant. A diagnosis alone may not answer causation or capacity: the records should explain the work event, symptoms, treatment and practical restrictions.

  • Capacity restrictions for contact, location and work systems.
  • Evidence should not rely on the word “stress” alone.

Which psychological-injury pathway applies?

The pathway depends on the event, the injury being claimed, when it was first notified, and the insurer’s stated reasons. Violence, traumatic witnessing and vicarious trauma generally follow the standard pathway after 1 July 2026; bullying, sexual or racial harassment and excessive work demands may engage the relevant-conduct pathway. Section 11A must be considered only where its requirements are actually raised by the facts.

  1. 1

    For a primary psychological injury first notified on or after 1 July 2026, an act or threat of violence can be a relevant event. The evidence must still support a diagnosed mental or psychiatric disorder, a real and direct connection with employment, and employment as the main contributing factor.

  2. 2

    Violence and threats generally follow the standard psychological-injury claim pathway rather than the separate relevant-conduct pathway used for bullying, sexual or racial harassment and excessive work demands.

  3. 3

    For a completed standard primary-psychological-injury claim, the ordinary provisional liability requirements can apply, including the seven-day commencement rule unless the insurer has a reasonable excuse. This differs from a relevant-conduct claim, which has its own interim-entitlement process.

  4. 4

    A physical injury from the same event is assessed on its own medical and causation evidence. The existence of an assault does not by itself establish every later symptom or incapacity.

  5. 5

    Section 11A is not a general defence to violence. If the insurer relies on reasonable management action, the alleged management action, its reasonableness and the way it was carried out must be identified rather than assumed.

  6. 6

    The post-1 July 2026 psychological-injury rules described here do not apply to exempt workers (police officers, paramedics and firefighters), coal miners, volunteers, dust-disease claims, primary psychological injuries notified before 1 July 2026, or secondary psychological injuries. Those matters require the earlier or otherwise applicable rules to be identified before advice is given.

Common insurer disputes

After a threats at work without physical contact, an insurer may dispute the insurer says the words were not a threat of violence and the identity or work connection is disputed. The written decision should be answered with evidence directed to those stated reasons.

There was no physical contact and diagnosis is challenged.

Non-work stressors are said to be the main cause.

Treatment, rehabilitation, and surgery issues

GP and psychological records identifying diagnosis, timing and functional effect. Treatment history and medication where relevant. If treatment is disputed after a threats at work without physical contact, the request should explain the accepted diagnosis, expected functional benefit and reasonable alternatives.

Capacity restrictions for contact, location and work systems.

Evidence should not rely on the word “stress” alone.

Treatment may include physical care, psychology, psychiatry, medication review or rehabilitation depending on the diagnosed injury. Approval depends on causation, reasonable necessity and the insurer decision; it is not automatic.

Weekly payments and work capacity

Work capacity after a threats at work without physical contact may turn on safe contact channels, location, access and public-facing duties and concentration, sleep, vigilance and reliable attendance. Proposed duties must be compared with the real task demands and the worker's ability to sustain them for the proposed hours.

Whether remote or alternate duties genuinely remove the threat.

Permanent impairment and lump sum issues

A lasting physical injury is assessed under the NSW method for the affected body system only after the condition is sufficiently stable. The event label does not predict a WPI percentage. Primary psychological impairment is assessed separately under the NSW psychiatric impairment method when the condition is permanent and the legal pathway is established. Diagnosis alone does not determine WPI. Any WPI assessment after a threats at work without physical contact occurs after stabilisation under the NSW method for the accepted body system; the accident or surgery alone does not determine a percentage.

Secondary psychological impairment is not assessed for WPI in NSW workers compensation. Physical and primary psychological impairment are also not combined for section 66 compensation.

From 1 July 2026, most workers generally have one principal permanent impairment assessment per injury, subject to limited further-assessment rules. Independent advice should be obtained before an assessment.

Primary and secondary psychological injury

A primary psychological injury is the psychological condition said to arise directly from workplace events. For claims first notified on or after 1 July 2026, the event must fit a relevant-event category and satisfy the additional connection and causation requirements. A secondary psychological injury arises as a consequence of a physical injury, for example depression associated with pain, surgery or loss of mobility after an assault injury. The 2026 primary-injury reforms do not apply to secondary psychological injuries in the same way. The distinction depends on medical causation and the accepted injury history, not simply on which symptoms were noticed first.

NSW permanent impairment law assesses primary psychological impairment separately from physical impairment. Secondary psychological impairment is not assessed for WPI, and the physical and primary psychological percentages are not combined for section 66 compensation.

On this page, the practical distinction depends on whether the psychological condition followed specific verbal or written threat of harm directly, or developed because of a physical injury and its consequences. Medical evidence should address that distinction rather than assume it from timing alone.

Other claim pathways that may need investigation

A police, SafeWork, workplace, discrimination, Fair Work or protective-order process may exist alongside workers compensation. Those processes have different purposes and do not decide workers compensation automatically. A civil, victims-support or other claim may require separate advice depending on the person involved and circumstances. It should not be described as part of workers compensation without checking eligibility. These issues are separate from workers compensation and depend on the particular facts.

Hypothetical example

Illustration: repeated threatening messages

Facts

A worker receives specific threats through a work telephone after enforcing a workplace rule and reports them before seeking treatment.

Questions to investigate

  • preserve the original messages and work context
  • a threat can be relevant without physical contact
  • medical evidence must still support diagnosis and incapacity

Why the result cannot be assumed

This is a hypothetical illustration of the evidence questions, not a prediction of liability, funding, compensation or outcome. Small factual changes can alter the legal analysis.

How NSW Work Injury Claim can help

For a threats at work without physical contact, assistance may involve identify the event category, incident date and claim pathway before responding to an insurer and organise incident, safety, medical, psychological and capacity evidence without circulating unnecessary private material. The purpose is to identify the disputed decision and the evidence needed for the next step, not to promise an outcome.

Review weekly-payment, treatment, work-capacity, section 11A and permanent-impairment issues on their own evidence.

Prepare a clear chronology and identify the next practical review or dispute step.

Common questions about threats at work without physical contact claims

Does threats without physical contact automatically create a workers compensation claim?

No. The incident, employment connection, diagnosed injury, causation and incapacity must be supported. For a primary psychological injury first notified on or after 1 July 2026, the relevant-event, real-and-direct-connection and main-contributing-factor requirements also matter.

Can a threat count if there was no physical contact?

A threat of violence can be a relevant event, but the facts and medical evidence still matter. The original message, call, witness, incident report and safety response may be important.

What is the difference between a primary and secondary psychological injury?

A primary psychological injury is said to arise directly from workplace events. A secondary psychological injury arises as a consequence of a physical injury. The claim rules and permanent-impairment treatment are not the same.

What if the insurer relies on section 11A?

For the post-1 July 2026 provision, the insurer must identify specified management action taken or proposed, or the worker’s expectation or perception of it, and establish that reasonable action carried out in a reasonable manner was a significant cause of the psychological injury. Violence or other conduct should not automatically be treated as management action.

What evidence should be preserved first?

Preserve the original incident and safety records promptly. Depending on the event, that can include incident and security report quoting the threat accurately, message, voicemail, call or CCTV preservation, police event number and safety response where relevant. Medical and capacity records should separately identify the diagnosed injuries and functional effects.

Can the event affect weekly payments, treatment or WPI?

It can, depending on the accepted injury and evidence. Weekly payments depend on incapacity and earnings; treatment depends on the statutory test and medical support; WPI is assessed only under the applicable NSW method and should not be predicted from the event alone.

Need help after a NSW workplace accident?

If you have an insurer decision, unclear capacity certificate or treatment dispute after a workplace accident, we can help identify the issue and organise the evidence. Where ILARS funding is approved, eligible legal costs and necessary disbursements may be covered.

Request a claim reviewCall (02) 7233 3661

Related injury guides

Related accident mechanisms

Later or multiple conditions after the incident

Related NSW workers compensation guides

Official sources

Last reviewed: 19 July 2026