Support Hub > Stress Claims > How much can I claim for work related stress?
How much can I claim for work related stress?
Since 2017 David Miers has recovered over £3.5 million pounds in compensation for clients who have suffered work related stress.
The amount of compensation you can expect to receive is dependent on your circumstances and no work related stress claim is the same so comparisons with other Claimants is difficult. However, for each claim we will assess the following to determine the value of your claim; compensation for your injury (General Damages) plus any financial losses (past or future) incurred a result of your injury (Special Damages).
General Damages
General Damages, also known as PSLA (Pain Suffering and Loss of Amenity) and is the compensation that is awarded for your actual injury.
Compensation for psychiatric injuries is assessed on a sliding scale which is aligned with the severity of an injury. Please see the table below for a reference guide to the compensation brackets.
| Category | Description | Estimated value |
|---|---|---|
| Less Severe | Usually where the duration of symptoms are usually less than twelve months, and the extent to which the symptoms have affected someone’s daily activities and sleep is low level. | £1,350.00 – £5,130.00 |
| Moderate | Usually where the symptoms have affected someone’s daily activities, life, work and relationships but where the medical evidence opines that good progress towards recovery will be made by the time of Trial. The extent to which treatment will assist in the recovery of symptoms, together with someone’s future vulnerability to relapse is also considered in this bracket. | £5,130.00 – £16,720.00 |
| Moderately severe | Usually where the symptoms amount to a disability affecting someone’s life in a permanent or long-standing basis, preventing a return to comparable employment. | £16,720.00 – £48,080.00 |
| Severe | The most extreme of cases, where the outlook for someone’s recovery is extremely poor. | £48,080.00 – £101,470.00 |
In order to assess the severity of your injury we would obtain a medical report from an independent Consultant Psychiatrist who would examine you and provide their opinion on your diagnosis, recovery time, recommended treatment and ability to return to work. The expert’s opinion is used to assess your claim for General Damages.
Special Damages
Special Damages are claimed in addition but alongside your claim for General Damages. They are financial losses that flow from your injury. The amount of Special Damages recovered in claims are unique to each Claimant but there are some general categories of financial loss which can be applied to every case as applicable.
- Loss of earnings and pension
- Treatment or medication costs
- Care and assistance for household chores, personal care or driving.
- Travelling expenses
In the same way General Damages are determined by medical evidence, Special Damages should also be evidenced where possible. We would advise you obtain the following to support your claim:
- Payslips, P60s and pension statements to confirm your loss of earnings.
- Receipts or invoices for medical treatment
- A mileage log for your travel costs
- A statement from your partner or family member to confirm the care and assistance they have provided.
Usually the largest head of loss in work related stress claim will be future loss of earnings. This is because severe psychiatric injuries can result in an individual being unable to return to work or if they can work perhaps they are only well enough to return in a lower paid capacity due to their long-term symptoms. Subsequently there can also be a significant future pension loss if an individual has to retire earlier than planned.
Case examples
Case Analysis
David Miers and Maria Gough were instructed by our client to pursue a harassment claim against her former employer.
Our client worked as a Team Leader at a school. In 2018 a new Principal was appointed. Within a few months of the new Principal starting he began to behave inappropriately towards our client.
For example he would made comments about her body and appearance, ask for details of her sex life and indicate graphically that he found our client sexually attractive. All of this was done in a school context with students in the next room. Our client found this behaviour to be distressing and intimidating and despite asking him to stop his lewd comments he continued to harass our client unabated.
By 2020 our client was unable to cope with the impact of the Principal’s daily harassment of her. She was signed off sick by her GP and later resigned from her role.
Our client subsequently submitted a grievance about the treatment she experienced. The internal findings upheld that she had been harassed by the Principal.
Our client subsequently obtained new employment but the corresponding salary was significantly below what she had previously been earning.
How Setfords helped
Setfords were instructed in April 2020 for pursue a claim for harassment and consequential losses. Our client’s evidence was considered and the merits of her claim were clear from the outset. A letter of claim was then submitted to her former employer.
Our client’s claim was considered by the insurer for the School. The claim was denied and it was not accepted that our client had been harassed, despite the internal findings.
Setfords remained committed to the merits of our client’s claim and accordingly medical evidence was obtained from a Consultant Psychiatrist. The report was supportive and stated that our client had suffered a psychiatric injury as a result of the harassment by the School Principal. Despite liability being denied Setfords were able to secure the client a settlement of £40,000 without her having to go to Court.
Case Analysis
David Miers was instructed by a former teacher to pursue a claim for occupational stress as a result of being overworked. Our client was an experienced teacher who was faced with excessive demands from the Senior Leadership Team which resulted in him having to work above and beyond his contractual hours without adequate support.
Our client had an initial absence from work in 2015 as a result of his unmanageable workload. However upon his return to work no changes were made.
In 2017/2018 our client’s school was subject to intervention from the Local Education Authority and the demands of the intervention team added pressure on top of our client’s existing workload.
In 2019 our client spoke with the Headteacher to advise that he was struggling with the pressure and workload. He expressly advised that as a result of which he was worried for his physical and mental health. Despite this, no action was taken by the Headteacher to support our client.
Our client went off sick in the 2018and subsequently was not well enough to return to his role. His employment was terminated the following year and he has now retrained.
How Setfords helped
Setfords were instructed in November 2019 for pursue a claim for occupational stress and consequential losses. Our client’s evidence was considered and the merits of his claim were clear from the outset. A letter of claim was then submitted to his former employer.
The employer’s letter of response denied liability for our client’s breakdown and stated that our client was not suited for the demands of teaching, accordingly no fault could rest with the employer.
Setfords remained committed to the merits of our client’s claim and accordingly medical evidence was obtained from a Consultant Psychiatrist and Court proceedings then issued. The Defendant’s defence continued in the same vein as the letter of response but ultimately the Defendant agreed to settle the claim for a six figure sum.
This is what he had to say about Setfords:
“I would like to thank the team at Setfords for all of their hard work and support whilst dealing with my claim. We have just reached a successful outcome which we could never have achieved without them. Particular thanks to David Miers, who has been thorough, clear, honest and professional throughout the entire process. I would recommend this company without a moment’s hesitation. Sincere thanks to all involved.”
David Miers
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.