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Work-related stress

work related stress claims

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  • Overview
  • Our Experts
  • See Our 10 Simple Steps

The number of stress related illnesses caused by work has steadily risen in recent years.

The widespread view of the law courts is that most work is stressful from time to time, to some degree, and this is a fair reflection of the pace of working life these days.  However workplace stress can be caused by a number of factors that the courts recognize as being outside what are acceptable levels of pressure at work. These factors include excessive working hours, an extreme burden of work, or bullying and harassment.

Claims for stress illness can be difficult to win, with a number of hurdles that must be overcome in order for any case to succeed.

A claimant must show that:

  • They have a medically recognised psychiatric illness or injury (stress alone is not a sufficient diagnosis)
  • 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 reasonable practical 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.

For a case to succeed, an employee must make the employer aware of their illness and its cause. If an employee doesn’t do this, the employer is entitled to assume that an employee can cope with the normal pressures of work. So, if you haven’t complained about ill health, displayed sufficient symptoms, you haven’t broken down at work, or taken time off, it may mean that your employer couldn’t foresee that work would affect you and is therefore not in a position to do anything about it. The law is clear: all of the above hurdles must be overcome – not just one or two.

Whatever the issues you face at work, if you are a member of a Trades Union, your Union representative should be your first port of call for advice to remedy work place issues. You may also require advice on employment law. 

If you are not a Union member, then our specialist lawyers may be able to advise you in relation to a civil claim. As stress-related claims can be problematic, we will need access to your medical records and a chronology of events or time line so that we can provide accurate, comprehensive advice on whether your claim is likely to be successful. Although there is an initial fee for this discovery phase, if we both agree to take this case further, then we can manage the rest of your claim on a no win-no fee basis to secure you the compensation you deserve.

Throughout your claim, Your Legal Friend will help you every step of the way

  • Specialist occupational illness solicitors
  • No win, no fee for agreed cases
  • 95% success rate
  • Over £200,000,000 successfully claimed in the last 10 years
  • Over 30 years of experience in personal injury compensation

Talk to us today

For an informal, confidential chat about making a claim with one of our expert personal injury solicitors, call us now on 01515505228 (calls free from landlines and mobiles). Or just complete the 'Start a new claim’ option on the right and we'll call you straight back.

Alison Saul, Director of Personal Injury leads our Personal Injury and Road Accident teams.   A fully qualified solicitor with over 15 years of experience and expertise, Alison is dedicated to achieving the highest levels of compensation for her clients as well as ensuring high quality client care.

Alison is assisted by her team managers, Philip Waters Lee Quinn, Jenna Hargreaves, and Kathryn Langton.  Philip, Lee, and Jenna lead legal teams focussing on Road Traffic Accident cases while Kathyrn leads our Personal Injury team.  Together they have a wealth of experience in personal injury compensation.

  • There are many people injured in accidents each year through no fault of their own and the circumstances will be difference in each instance. Our team has extensive experience of successfully managing a wide range of personal injury claims, so we can help you secure the maximim compensation you deserve. 

    Alison Saul,
    Director of Personal Injury

Philip, a qualified solicitor, has over 18 years’ experience in personal injury compensation.  Having previously worked for a large insurance company, he has extensive insights in how to engage effectively with insurers to achieve the level of compensation our clients deserve. Philip deals with cases of high value, complex cases, and recently secured £1.6 million in compensation for one of his clients who suffered catastrophic injuries in a road accident.

Lee has over 15 years’ specialist experience in Personal Injury claims and also manages a wide variety of high value, complex cases. Lee has extensive experience of working with insurance companies, acting for both claimants and defendants, and so understands how to secure the highest levels of compensation for the victims of road traffic accidents.

Jenna is a qualified solicitor and has studied to become a barrister. Jenna leads the internal reviews of our case management processes to ensure excellent, efficient case handling and high levels of client satisfaction.

Kathryn, also a qualified solicitor, specialises in accidents at work, public liability and accidents abroad.  Kathryn deals with a wide variety of cases, often including accidents that involve serious, complex injuries.

Talk to us today

For an informal, confidential chat about making a claim with one of our expert personal injury solicitors, call us now on 0808 231 5461 (calls free from landlines and mobiles). Or just complete the 'Start a new claim’ option on the right and we'll call you straight back.

Occupational illness - 10 simple steps to achieving your compensation.

Here are the 10 steps we both need to go through to make your claim for compensation. We understand that you may not have been through this process before, so we hope you find this 10 step guide helpful.

1. Compiling your statement of your work history & exposure.

Often people have been exposed to harm at work many years ago.  We make sure we understand  exactly what happened and work with you to draft a detailed, accurate statement in your own words about your work history, exposure and the symptoms you are now looking to claim for. 

2. Obtaining your medical & work records.

Once we have your statement, we obtain:

  • the relevant medical records from your GP and hospital so that we can review the extent of your condition
  • HRMC records to confirm your work history

3. Establishing negligence and breach of duty

You must prove that you worked in an environment where harm was caused to you because your employer failed to protect you from the risks of developing an illness or condition. 

4. Establishing causation – the effect of negligence and breach of duty

Once you have proved negligence and breach of duty, you must also prove that your condition was caused by this negligence and not by anything else.  We need expert medical evidence to assess this, so we will arrange for you to see an expert who will assess your current condition and consider what the future holds for you.

5. Calculating the financial value of your claim

The calculation of your compensation comprises:

  • general damages - an award for your pain and suffering which takes into account the duration and severity of your illness, your age and prognosis.
  • Special damages – compensation for your actual financial loss, include any loss of earnings and the cost of care, medical and travel expenses.

6. Mitigating your loss and claiming benefits

Personal injury compensation aims to place you back in the position that you would have been in but for your illness.  So you are responsible for doing what you can to minimise your loss.

This means that attending treatment to aid your recovery or alleviate your symptoms, and returning to work when it is safe to do so.

We will advise you on any benefits you could claim from the Department for Work & Pensions (DWP) during your claim.

7.Providing original documents to prove your loss

As you must disclose all documents that are relevant to your claim, you must keep all original accounts, payslips, and receipts for expenses/medical treatments  safe until your claim has been settled.

8. Preparing your case for Court

Although It is not always necessary to issue proceedings in Court, we prepare every case as if it were going to trial.

9. Attending the trial in Court 

The trial will take place before a Circuit or High Court Judge who will make a decision on the evidence that we have prepared.

10. Awarding your compensation claim 

If you are successful in your case, the amount of compensation you receive will be decided either by negotiation with the Defendant or, if your case goes to trial, by the Judge. We will agree a date by which your compensation will be paid to us so that we can pay your compensation to you as quickly as possible.

How long does a claim take?

Because the circumstances surrounding every claim and their effects are different, it’s very difficult to give a definitive answer on how long it takes to settle a claim.  Often it depends on how quickly our clients provide us with essential information, how quickly we can get medical records and assessments, and whether the insurance companies are willing to provide realistic offers to settle the claims.

Whilst we aim to settle your claim as quickly as possible, we also want to ensure we secure the maximum compensation for you.  This often means we have to do some hard negotiation with the defendants – which takes extra time.  Our aim is to balance progressing the claim as fast as possible with getting you the maximum settlement.

We realise that you’ll be keen to know about the progress of your claim so we will send you regular emails and texts to keep you up to date, and also to remind you if there is any information we’re waiting for from you.