What are the common types of stress at work claims?
Stress and injury can be caused in many different ways but broadly speaking, successful claims normally fit into one or more of the following categories:
Bullying and Harassment
Exposure to trauma
Lack of support
Do I have a valid claim against my employer for stress at work?
The easiest way to find out is to take our indicative test but in normal circumstances there are four hurdles you need to overcome in order to be successful.
- Foreseeability of Injury
- Breach of Duty
You must show that you have suffered a recognised psychiatric injury (as opposed to just stress).
In order for your employer’s duty of care to prevent you suffering psychiatric harm to be engaged, you must show that your employer knew, or ought to have known, you were becoming ill.
You must show some fault on behalf of your employer that would amount to a breach of the duty of care owed to you. There are various common law duties which place an employer under a duty to protect its employees from psychiatric injury which we can help explain to you.
You must show that your employer’s breach of duty caused, or materially contributed, to your injury and financial losses.
David is an occupational stress and psychiatric injury specialist.
David is one of the few specialists in the country whose practice is solely made up of work related stress claims.
His expertise covers:
- Stress at work claims
- Bullying & harassment claims
- Violence at work claims
- Sexual harassment
Why use Setfords for your stress claim?
The amount of compensation David Miers has recovered for clients in the last 2 years.
The average amount of compensation per case David Miers has managed to recover for his clients.
Working days lost due to work-related stress, depression or anxiety in 2017/18
Workers suffering from work-related stress, depression or anxiety in 2017/18
Stress, depression or anxiety accounted for 57% of all working days lost due to ill health in 2017/18
Stress, depression or anxiety accounted for 44% of all work-related ill health cases in 2017/18
No win no fee
If we feel your stress claim case has merit we will enter into a conditional fee agreement (commonly known as a ‘no win no fee’ agreement) which means you will not pay any legal fees unless you win. You will also get to keep up to keep 75% of the compensation received.
Recognising work related stress
During national stress awareness month, David Miers discusses the importance of why we need to recognise work related stress as being one of the greatest public health challenges of our time.
Recent Notable stress claim cases
for a Nurse who was bullied and not support by her employing Trust which resulted in a major depressive injury and her having to retire through ill health.
for a Senior Lawyer who was not supported on her return to work after suffering with her mental health causing further and irrecoverable damage to her long term health and earning potential.
for a headteacher who was overworked leading to a foreseeable psychiatric breakdown.
for a Police Constable bullied and humiliated by his supervising sergeant causing long term mental health issues.
for a Nurse who was bullied by colleagues and not supported by management or her employer.
for a Prison Officer who suffered PTSD after continual exposure to trauma including witnessing 3 prisoner suicides.
for an apprentice joiner who was harassed by his colleagues causing delayed onset PTSD.
for a mental health Nurse who suffered severe PTSD through her work. Despite a very challenging role (she had to listen to war veterans download their mental anguish/experiences on her), she was not supported by the Trust or given inadequate assistance.
for a Police Officer who suffered PTSD due to repeated exposure to vicarious trauma in the form of child sexual exploitation imagery.
for a Nurse who was accused of disciplinary offences but not told what they were. Prolonged suspension caused a severe mental health injury which resulted in her retirement on health grounds.
for Shop worker who was harassed and humiliated causing a severe adjustment disorder and for her to self harm.