Can I claim for PTSD from a work incident in NSW?

Yes, but the claim must satisfy the mental harm rules; Hodson’s awards were overturned on appeal.

Can I sue the business where a labour hire agency placed me?

You can try; Bartlett, supplied by a labour hire company, sued the builder on whose site he worked.

How is pain and suffering measured?

As a percentage of a most extreme case; Milne’s was 25%.

What is the statute of limitations for workplace claims in New South Wales?

3 years from discoverability. Source: Limitation Act 1969 (NSW) s 50C. Filing after the period expires generally bars the claim absent a tolling exception.

NSW

★ New South Wales · workplace

Workplace settlements
in New South Wales.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 2026Updated 30 September 20269 min read

A shopping centre cleaner who attended the scene after an elderly man was run over and killed in a loading dock won $597,916 against the centre owner and $472,793 against his employer for PTSD and depression; the Court of Appeal allowed both appeals because the experts’ assumptions were not proved. A worker who fell at work in 2016 had non-economic loss assessed at 25% of a most extreme case.

Facts that decide a workplace claim in New South Wales

Mental harm at work	A duty of care for mental harm is limited by s 32 of the Civil Liability Act; in Hodson the issue was whether the employer should have told him not to attend the scene.Lederer Group v Hodson [2024] NSWCA 303
Expert assumptions	Medical reports built on facts that are not proved carry little weight; the experts had assumed Hodson saw the deceased’s injuries.Lederer Group v Hodson [2024] NSWCA 303
Non-economic loss threshold	No damages for non-economic loss “unless its severity is at least 15% of a most extreme case”; above that, the court fixes a percentage of a most extreme case.Civil Liability Act 2002 (NSW) s 16(1), as quoted in Delaney v Federation Council [2025] NSWDC 141

★ NSW · reported workplace outcomes

What New South Wales courts have awarded.

Real New South Wales decisions and verdicts, each linked to the court record or official report.

Lederer Group Pty Ltd v Hodson
NSW Court of Appeal · 2024
Awards of $597,916 and $472,793 set aside
On 26 October 2020 an elderly man was run over and killed by a truck in a loading dock at Corrimal Shopping Centre. Mr Hodson, a cleaner supplied by Hurex, attended the scene and was later diagnosed with PTSD and major depressive disorder. The trial judge gave judgment of $597,916 against the centre owner and $472,793 against Hurex. The Court of Appeal allowed both appeals, finding the expert evidence rested on the unproven assumption that he saw the deceased’s injuries.
Milne v SDN Children’s Services and BRC Recruitment Pty Ltd
Supreme Court of NSW · 2025
Non-economic loss 25% of a most extreme case
Ms Milne sued SDN Children’s Services and BRC Recruitment over a fall at work on 1 February 2016. In the damages judgment the court assessed non-economic loss at 25% of a most extreme case, reduced past lost income for time off work for a total knee replacement she would have needed regardless of the injury, and discounted future loss by 15%.

★ NSW · workplace · in practice

What changes the number here.

What actually moves a workplace settlement in New South Wales.

1
After a traumatic event at work, see a doctor early and keep the records.
2
Write down who told you to go where, and when; the direction to attend was central in Hodson.
3
Pre-existing conditions such as arthritis reduce, but do not end, a claim.

★ NSW · statute of limitations

3 years from discoverability

Limitation Act 1969 (NSW) s 50C

★ NSW · fault rule

Common-law contributory reduction

Contributory-negligence reduction under the Civil Liability Act 2002 (NSW). Above 100% claimant fault, recovery is barred.

★ NSW · caps

What caps recovery.

Statutory caps that may bear on a workplace settlement in New South Wales.

Non-economic loss cap
Civil Liability Act PI
AU$734,500 (2024), annually indexed
Civil Liability Act 2002 (NSW) s 16
Minor injury threshold
CTP non-economic loss damages
>10% WPI
MAIA 2017 (NSW)

★ workplace · same region & fault regime

Compare to like jurisdictions.

How New South Wales's fault rule and limitation period compare to jurisdictions in the same Australia region and to those running the same fault rule for workplace claims.

Jurisdiction	Fault rule	Limitation	Workplace page
New South Wales · you are here	Common-law contributory reduction	3 years from discoverability	—
Victoria	Common-law contributory reduction	3 years from discoverability (subject to 12-year longstop)	VIC · workplace →
Queensland	Common-law contributory reduction	3 years from discoverability	QLD · workplace →
Tasmania	Common-law contributory reduction	3 years from discoverability	TAS · workplace
Australian Capital Territory	Common-law contributory reduction	3 years from discoverability	ACT · workplace
Western Australia	Common-law contributory reduction	3 years from discoverability with 12-year longstop	WA · workplace →
South Australia	Common-law contributory reduction	3 years from discoverability	SA · workplace →
Northern Territory	No-fault statutory scheme	3 years	NT · workplace

★ NSW · workplace · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Can I claim for PTSD from a work incident in NSW?
Yes, but the claim must satisfy the mental harm rules; Hodson’s awards were overturned on appeal.
Can I sue the business where a labour hire agency placed me?
You can try; Bartlett, supplied by a labour hire company, sued the builder on whose site he worked.
How is pain and suffering measured?
As a percentage of a most extreme case; Milne’s was 25%.
What is the statute of limitations for workplace claims in New South Wales?
3 years from discoverability. Source: Limitation Act 1969 (NSW) s 50C. Filing after the period expires generally bars the claim absent a tolling exception.

Sources

Checked 2026-09-30.

★ all of NSW

New South Wales overview

Fault rule, statute, caps, and key facts for New South Wales as a whole.

★ national frame

Workplace in Australia

Workplace band structure and severity tiers at the Australia level.

★ all 15 countries

Workplace · everywhere

Cross-jurisdiction comparison of workplace bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult a lawyer licensed in New South Wales. See /methodology, /sources, and /disclaimer.

Workplace settlementsin New South Wales.

Facts that decide a workplace claim in New South Wales

Sources

Workplace settlements
in New South Wales.