Support Hub > Stress Claims > How to file a stress claim at work
How to file a stress claim at work
The first step in commencing a formal work-related stress claim is to prepare and submit a letter of claim to your employer. The letter of claim will summarise the events that have occurred during the course of your employment which have caused you to become unwell.
The letter will also set out the formal allegations of negligence or ‘breaches of duty.’ Every employer has a statutory duty to ensure they provide a safe system and safe place of work and if they fail to do so and you become unwell this is considered a breach of their duty.
The letter we prepare is checked by you to ensure it is accurate and it is then submitted to your employer by special delivery. Your employer will likely then forward the letter to their employers liability insurer and or legal representatives.
They are required to formally acknowledge the claim within 21 days. The timeframe for formal response to our letter of claim is up to 90 days from the date of acknowledgement.
Pre-Action Protocol and timescales
Be aware that before any claim is submitted the parties will have to engage and comply with one of the pre-action protocols which govern the early stages of personal injury claims. The defendant employer will typically get up to 4 months to investigate a claim following receipt of the letter of claim. It is not a quick process.
Letter of response.
The defendant employer has a duty to investigate your claim and then either admit the claim or deny it. In the event of a denial, it must disclose documents in support of that denial. This is a key stage in any claim as it is often the first time your solicitor will understand which issues are contested.
Before you are able to issue court proceedings you will need to obtain a medical report which is complaint with Part 35 of the civil procedure rules which supports your injuries having been caused by the defendant employer’s breaches of duty.
Conference with a barrister.
If your case goes to trial you will need a barrister to represent you. It is our preferred practice to involve a barrister before proceedings are issued to assist in finalising how the claim will be presented and to draft the statements of case you are required to file in support of your claim, namely the particulars of claim and schedule of loss.