Severe Post-Traumatic stress disorder - £34,000 - £55,000
Moderate Post-Traumatic stress disorder - £4,500 - £12,500
Minor Post-Traumatic stress disorder - £2,150 - £4,500
Overview
Whilst the expression “Stress at Work” is straightforward and no doubt understood by the general public nevertheless claims for compensation arising out of Stress at Work are often very difficult to prove.
By the very nature of this type of claim Court action for compensation can only be considered once it has been proven that an individual has already suffered Stress at Work. The legal guidelines to enable a successful case to be brought are now much more stringent since the case of Hatton –V- Sutherland.
Health and Safety Guidance
Over the years the Health & Safety Executive (HSE) have published information relating to Stress at Work which includes recognition of stress by the employer, identification of sources of stress and good practice guidelines to employers.
Employer's Liability
All employers are required to provide a safe place of work which must include a safe system of work but it is often difficult to show to the satisfaction of a Court that an employer ought to have reasonably known or foreseen that an employee was at risk of injury to health (and this means far more than several stressful moments at work) but then failed to take reasonable or appropriate steps to avoid stress.
The simplistic test of “was the injury or illness reasonably foreseeable” is frustratingly difficult to prove, partly because the Courts have been reluctant to force normal Risk Assessment criteria in cases involving Stress at Work.
The rigours of modern living often affects people’s moods and it is not an employer’s duty to “cross examine” every employee who may not be feeling “on top of the world”.
However, if it could be said that a reasonable employer should have realised that Stress at Work may cause imminent health problems then the employer has a duty to take steps to prevent Stress at Work.
There are probably a million and one incidents within a variety of working environments that may bring about stress but the nature and extent of work done by an employee could manifest signs in the employee of possible psychiatric or other harm or injury.
Unfortunately there is no strict formula for assessing whether Stress at Work has caused psychiatric or other injury and each case must be looked at on its own merits.
As in many other cases once a person considers they may have sufficient grounds for making a claim legal advice should be sought as soon as possible because of the time limit which applies.
Time Limits
The normal time limit within which legal action must be taken is three years from the date when you knew or could reasonably have been expected to know that you have suffered injury, loss and damage.
In most ordinary Personal Injury claims the calculation of the three year period is straightforward but when dealing with stress claims it is very often difficult to assess when a person became aware of any injury, loss and damage and this may help to extend the deadline.
Because of the above complications it is always wise in stress claims to seek advice as soon as possible.
Time does not run while a person is not mentally capable nor against a child who would be able to commence proceedings at any time up to their 21st birthday.
Disclaimer: Please note that these are approximations. All cases are judged on an individual basis and amounts awarded can vary due to differing circumstances.
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