Work related stress claims
If you have developed depression or suffered a nervous breakdown as a result of being placed under too much stress at work you may be able to claim compensation from your employer. Your employer has a duty to protect you whilst at work from anything that may cause you harm. In some circumstances this can include protecting you from an unreasonable amount of stress. If your job is, by its very nature stressful and requires you to be exposed to traumatic situations then your employer must still take steps to ensure that risk is minimised and that you have received appropriate training and that counselling is readily available to you. If you suffer psychiatric injury as a result of your employers lack of care you may be able to make a stress at work claim for compensation.
An increasing problem
The incidence of stress related illness caused by work has steadily risen in recent years.These claims are often difficult to take forward because of the general principle that an employer is entitled to assume that an employee can cope with the normal pressures of work unless the employer is otherwise notified.
What you need to make a stress claim
For a stress claim to succeed the employee must show:- They have a psychiatric illness or injury
- Their work posed a real risk of causing psychiatric illness and the employer knew (or ought to have known) that the employee was exposed to that risk
- Given the foreseeable risk, the employer failed to take reasonably practicable or adequate steps to prevent or reduce the risk of psychiatric harm to the employee
- The employee's psychiatric injury was caused, or materially contributed to, by the work and the employer's breach of duty.
Stress claims are hard to win
Work-related stress claims remain exceedingly difficult to win. It is important that employees complain to their line manager if they are suffering problems, and complain early and frequently (preferably in writing).Ensure that those complaints are recorded. It is also important to seek medical help.
If you believe you have suffered a stress-induced injury as a result of your work environment and wish to seek advice on the prospects for pursing a personal injury claim, complete the personal injury claim form.
The Trauma Group also provides services for the following claim types:
- Unfair Dismissal & Redundancy
- Stress at Work
- Sex Discrimination
- Pregnancy & Maternity Discrimination
- Sexual Orientation Discrimination
- Accidents at Work
- Strain Injuries
- Disability Discrimination
- Race Discrimination
- Religion or Belief
Stress at work claims can be very tricky and it is essential that you seek professional advice at the first opportunity. Clearly if you have already suffered from depression or psychological injury as a result of stress, the last thing you want to do is to have to conduct a stressful claim.
The Trauma Group will ensure that you have an experienced solicitor who will advise you on how to make a claim with the least mental trauma. The appointed solicitor will be familiar with this type of case and will take the stress out of making a claim for you. All you have to do is provide information and cooperate with the solicitor acting on your behalf.
