Work Related Stress Claims

Work related stress is becoming a more common problem. It is common throughout all industries and all levels of work. Indeed, one survey states that about 1 in 5 British workers are either very or extremely stressed as a result of their work and other factors relating to that. Indeed, stress can relate to a number of illnesses which will be outlined below.

The costs relating to work related stress are very real not only in terms of illness but also in terms of working days lost. It is therefore in everybody’s interest for this to be minimised.

Because this is a relatively new area of personal injury litigation and in particular the injuries are less visible than a normal physical injury, this means that stress related claims are notoriously difficult to prove. However, they can be proved and as such the following steps need to be followed.

In any personal injury claim it is vital that the victim has suffered personal injury as a result. The injury does not need to be physical but in a case relating to stress at work the diagnosis will need to be of a clinical and psychological or psychiatric nature. The victim will need to be suffering from an established psychological or psychiatric condition.
The employee will need to confirm that his or her employer owes him a duty of care. It will then need to be proved that this duty has been broken which is always a question of fact in each case. Furthermore, it will need to be shown that the employer in question should have been able to foresee that this type of illness would arise out of stress in the workplace.

Finally, once all of the above has been proved the Claimant is required to prove that his or her problems have been caused directly by the work that they were undertaking and were not caused by any other external factor out of the control of the person being sued such as family problems or other financial worries.

At a general level it is common law that an employer should provide an employee with a safe place of work. It is also settled law that work should be adapted to the worker and not the other way around.

The Health & Safety at Work Regulations also require every employer to carry out a risk assessment in which they are required to identify any hazards that may potentially cause injury or illness to a worker. This also includes stress related illnesses. All risk assessments should address every hazard and review all aspects of the workplace.

If an employer has not complied with the law as it stands then, subject to proving the stress related illness, he or she may be liable to pay compensation.

Stress is recognised as a workplace hazard that is both predictable and preventable.

According to the HSE sources of stress include providing a service to the public, poor health and safety, conflicts, uncertainty, high demands, inflexibility and lack of support.

Ensure good management in terms of competence, consistence and communication
Ensure management have the right attitude to stress
Ensure stress is understood and not seen as an individual’s problem
Make sure the organisation is committed to addressing stress and that individuals are encouraged to seek relief and support

If you have suffered an illness as a result of work related stress within the last 3 years then you may be entitled to make a claim for compensation.

Simply complete the Accident at Work section of our Claim Assessment Form and one of our specialist claims solicitors will contact you in order to discuss the circumstances surrounding your case. All of our solicitors act on a strictly no win, no fee basis and you will not be charged any legal fees. Furthermore, you will receive 100% of any damages that you are awarded.