Stress-Related Illness Claims & Compensation

There is currently no right to claim compensation for “stress” under the law that governs England and Wales. It is a fact that most of us will experience varying degrees of stress during our working lives at one time or another and that this can sometimes lead to symptoms of tension, anxiety and / or insomnia but, in most cases, this does not lead to actual injury. It is only if the stress causes a medically recognised psychiatric illness that a claim might be possible.

To successfully make a claim for stress-related illness compensation, you must prove that you have suffered a recognised psychiatric illness, such as clinical depression, and that this was caused by work stressors. Further, you must also show that your employer negligently exposed you to such stressors and that they knew, or ought reasonably to have known, that this was likely to cause the psychiatric illness.

Negligence Causing Stress-Related Illness

As with all personal injury compensation claims, a claimant must be able to show that their employer has been negligent.

Key to this is proving that your employer knew or should have known of the stressors causing a problem and ought to have foreseen that these stressors would result in psychiatric illness unless protective measures were taken. It is only if you can prove that your employer had such knowledge that their “duty of care” to protect you from injury is triggered. This test is particularly difficult in relation to stress induced injury claims as each person’s stress levels are subjective and individuals can have a different tolerance level or varying tolerance to stressors at certain times.

In the circumstances, a claim will usually only succeed if an individual can show that their employer was alerted to the work stressor (whatever that might be), on notice that this was damaging to the individual’s health and that the employer then failed to address the problem.

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Evidence of Stress-Related Illness

Supporting evidence is crucial to any claim for compensation. For the reason set out above, the key evidence in a compensation claim for stress induced psychiatric illness is that which proves the employer was on notice of the risk of injury (thereby triggering the employer’s duty of care). This can take the form of a written complaint, or a doctor’s note issued if the individual has had to take time of work because of ‘stress at work’.

There must also be evidence that once the employer was aware of the risk of injury and had the opportunity to address it, that they have failed to do so.

Making a compensation claim for work related stress induced psychiatric illness is a difficult process and it is important to seek the right legal advice.

If you have suffered from a stress at work which has induced a psychiatric illness such as clinical depression which you believe to have been caused as a direct result of your employer’s negligence, speak to our solicitors today on 033 3344 9600 for further advice in making a claim for compensation or complete our online claim

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