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New South Wales raises the threshold for psychological injury claims to shield businesses from rising premiums, sparking a fierce debate on the true cost of workplace trauma.

Thousands of workers suffering from workplace psychological trauma in New South Wales (NSW) face a drastic reduction in financial safety nets following a contentious deal struck between the state’s Labor government and the opposition Coalition. The agreement, finalized on Thursday, prioritizes corporate stability over long-term support for mental health injuries.
The legislative overhaul marks a significant shift in the global conversation regarding workers' compensation. While designed to shield businesses and charities from a projected 36% spike in insurance premiums over the next three years, the move has drawn sharp condemnation from unions. They argue the compromise effectively strips income support from vulnerable employees at their most critical moment of need.
The deal ends a months-long political stalemate between NSW Treasurer Daniel Mookhey and the newly appointed Opposition Leader, Kellie Sloane. Faced with an unsustainable rise in insurance costs, the two major parties agreed to freeze premiums for 18 months. However, this financial relief for employers comes with a steep price tag for workers.
To fund the freeze, the state will rigorously tighten the eligibility criteria for psychological injury payouts. Under the new regime, legislation for which is set to pass in early 2026, the "permanent impairment" threshold required to access long-term benefits will jump significantly.
The implications for the workforce are stark. Under the new rules, an employee suffering from severe stress, PTSD, or anxiety attributed to their workplace—but deemed less than 25% impaired—will see their support capped. These workers will be limited to just two years of financial assistance, with a single additional year allocated to transition back into the workforce.
This policy shift highlights a growing tension observed in labor markets globally, including here in Kenya: balancing the economic viability of businesses against the rising tide of mental health claims. While Kenya's Work Injury Benefits Act (WIBA) has traditionally focused heavily on physical disability, the Australian precedent serves as a grim forecast of how governments may handle the exploding costs of psychological injury in the future.
Unions have warned that the deal will leave injured workers in a precarious position, potentially forcing them back to work before they are medically ready or leaving them without income entirely. As the threshold climbs toward 28% by 2029, the message to the workforce is clear: the definition of a "compensable injury" is narrowing, even as workplace pressures continue to rise.
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