“I’ve often thought of workplace bullying as ‘humiliation of the soul’.” - Caroline Mozla-Toscano PhD.
Why Distress Documentation Matters in Workers’ Compensation Systems
In workers’ compensation systems, distress is often minimised, medicalised, or dismissed as “emotional.” This is a profound misunderstanding of its legal and clinical relevance.
Distress is evidence.
When documented contemporaneously, distress records:
• system response failures
• escalation pathways that did not work
• psychological risk indicators
• breaches of duty to prevent further harm
Distress documentation is not advocacy. It is risk reporting.
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Why Written Records Matter
Workers’ compensation systems rely heavily on documents. Decisions are made not on what was felt, but on what was recorded.
When an injured worker documents distress:
• it timestamps harm
• it establishes foreseeability
• it links conduct to health impact
• it rebuts later claims that “no concern was raised”
Silence benefits institutions. Documentation protects people.
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Distress and Foreseeable Harm
Once distress is recorded, harm is no longer hypothetical.
From that point onward:
• further exposure becomes foreseeable
• failure to intervene becomes relevant
• continued pressure becomes a risk factor
In WHS terms, documented distress is a hazard notification.
Ignoring it is not neutral. It is a decision.
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Why Systems Often Resist Distress Evidence
Distress documentation creates accountability.
It makes it harder to argue:
• that harm was unforeseeable
• that systems were functioning
• that delays were harmless
• that communication failures were trivial
This is why distressed workers are often reframed as “difficult” rather than listened to.
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What Distress Documentation Is — and Is Not
Distress documentation is:
• not exaggeration
• not instability
• not loss of credibility
It is a signal that protections are failing.
When treated properly, it should trigger:
• protective adjustments
• cessation of harmful contact
• clear communication
• medical prioritisation
When ignored, it becomes injury.
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Final Note
People do not document distress lightly. They do it when silence has already failed.
If systems responded when distress first appears on the record, far fewer people would be permanently harmed by the process meant to protect them.
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Further reading
Spring, C. (2017, 15 May). ‘Distress is not illness.’ Carolyn Spring: Reversing Adversity. [Online blog]: https://www.carolynspring.com/blog/distress-is-not-illness/
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