Security guard injured at work receives $46,500 payout for workplace bullying and harassment
Our client was employed as a security guard at a Hospital for 15 years. His employment was terminated for an alleged misconduct. Our client made a workers compensation claim for a psychological injury. The insurer declined his claim with a Section 74 notice. The insurer relied on Section 11A of the Workers Compensation Act, which provides that no compensation is payable for psychological injuries caused by reasonable action taken by the employer. In this case, the insurer said the termination was reasonable.
The injured worker consulted the expert Workers Compensation lawyers at One Law Group. One Law group took the time to listen to the injured worker and asked several questions. It was then discovered that the worker was targeted and harassed before the termination, because of his old age and race.
The Lawyers at One Law Group obtained several witness statements from his work colleagues. All the statements confirmed that the injured Worker was bullied, harassed and humiliated on several occasions because of his age and race. Forensic evidence from a psychiatrist was obtained which showed the injured worker was suffering permanent impairment as a result of the bullying and harassment.
An Application to Resolve a Dispute was filed with the Workers Compensation Commission. The Lawyers at One Law Group argued that the Worker was in fact bullied and harassed and that the termination was used as a vehicle to get rid of him. The actions of the employer were not reasonable in the circumstances. The insurer paid the injured worker a $46,500 lump sum payment for his psychological injury.
