Stress at Work Claims – Are You Eligible For Compensation?

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For us to investigate a claim for work-related stress, you need to be able to answer “yes” to the following:

  1. Did your stress symptoms start within the last 3 years?
  2. Is your employer aware you are suffering work-related stress?
  3. Have you seen your GP about it?

If this is the case, then please download and return our

Please note we cannot handle stress claims for Scotland or Northern Ireland residents.

If you also have a physical injury, we can help straight away –

Certain jobs can place heavy burdens of stress on an employee. Some are inherently stressful, such as high-pressure roles in the emergency services, but even relatively easy jobs have their moments.

In the eyes of many people, stress itself is a ‘nothing’ illness and simply a convenient excuse to avoid work. However, the health problems caused by severe stress (such as anxiety, fatigue, lack of sleep, nausea, weight loss and loss of appetite) can be debilitating and have serious consequences. Further connections are seen with work-related depression and other psychological illnesses, all of which can have a factor in compensation settlements.

Here we look at whether you can hold your employer responsible for mental distress and make a personal injury claim for stress at work.

Employer responsibilities to reduce stress

All employers have a duty of care towards the health of their staff, which includes the prevention of stress-related illnesses. They must ensure that as much assistance, training, support and guidance is offered to staff as possible, so that stress at work can be avoided. If they don’t, they may be sued for causing unnecessary stress to an employee.

In most cases, the employer is first placed on notice of concerns about potential damage to the health of an employee, as a result of the working conditions that the employee is being placed under. This gives the employer an opportunity to make alterations to the working conditions so that the cause of stress can be removed.

If an employer has been made aware of the problems, but has failed to take any action to reduce the risks to their employees’ health, they are likely to be liable for the stress-related illness suffered by an employee, should they pursue a claim for compensation.

Can you claim compensation for stress at work?

If stress has left you unable to work, you may be wondering how to cope with a loss of wages and perhaps whether claiming compensation is an option.

The short answer to this question is yes, you have a right to claim for an injury at work that wasn’t your fault, including stress. More precisely, for the health problems it causes. However, you can only do so if the stress-related illness is severe enough to warrant making a claim and a medical diagnosis has been made.

There’s no black and white definition of what constitutes stressful work, as we’re all affected differently in a variety of situations. It boils down to ‘what is a personal injury’ and an understanding of the same. Psychological health is treated the same as physical health, and therefore damage to your psychological well-being through stress is, in effect, a personal injury.

If a genuine stress-related illness, caused by the conditions under which an employer has made you work, could be described as a personal injury, and if it can be shown that your stress is down to employer negligence, you have a very good chance of successfully claiming personal injury compensation. To find out more about what’s involved, I’d recommend reading our ultimate guide to claiming accident at work compensation.

Please note that although we can assist with claims for all regions of the United Kingdom, we cannot assist with work related stress compensation claims for people employed in Scotland.

Workplace stress claim payouts

Claims for work related stress compensation fall within the personal injury remit and can be pursued on a No Win No Fee basis.  However, as this is a very specialist niche area within personal injury and as such claims are notoriously difficult to pursue and succeed with, a claimant will face a deduction from settlement of up to 35% of any awarded damages if successful (inclusive of VAT).  Whilst the deduction may fall below the maximum of 35%, claimants can rest assured that any deduction from a successful stress at work compensation claim settlement will never exceed 35%.

Causes of stress-related illness

Typical working conditions that can lead to stress-related illness are:

  • Bullying and harassment. This is defined by the government as behaviour that makes someone feel intimidated or offended. This can include unfair treatment, being picked on, undermined or blocked for progression, whether face-to-face, by letter, email or phone. Similarly, abuse, threats or excessive demands will lead to a stressful environment.
  • Lack of support. If an employee is not given adequate support, assistance or guidance, they may well lack confidence, feel overwhelmed and under too much pressure.
  • Workload. There is only so much work that any one person can undertake. If an employer is placing unrealistic demands on an employee, forcing them to work long hours, for example, stress-related illness is a likely outcome.
  • Denial of employee rights. The rights of workers in the United Kingdom are enshrined in law, such as the right to rest periods, breaks and annual leave. If an employer denies these rights to their workers, they can be stressed and have low morale.

How to report stress at work

Employees have rights when they are injured physically or psychologically at work. For many people suffering stress at work, sorting out the situation informally would be the first step. If this isn’t possible, you can talk with your manager, HR department or trade union. If that doesn’t work, you can make a formal complaint to your employer. And if that doesn’t work, you should get some expert advice to see if you can take legal action and claim compensation – download and return our stress at work questionnaire to see if you have a valid claim.

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Comments & Questions

Read on for questions and advice about claiming, plus stress at work claim examples...

Last year in October I had an angioplasty procedure. On my return to work I attended a meeting and was given a written warning. I appealed against this and my appeal was rejected on incorrect grounds by my employer. I was then told there was no procedure to make a second appeal and that I would have to take out a grievance against the employer to take the matter further. Meanwhile, after attending a follow up hospital appointment for my angina , I was informed that I would not be paid for the time I took off to attend it. I was greatly upset with this, visited my GP the following day and was diagnosed with depression including suicidal thoughts. After this I got my union rep on the case and the company HR involved but the grievance has still not been settled to this day. I recently had several days off with depression again with the seemingly endless haggling by the company very much to blame. This time my GP actually wrote Work stress and depression on my sick note. I therefore would like to ask if you think I have a case against the company? I have other mitigating circumstances which I will reveal to you if and when you contact me.

Ian Morris

We do have a specialist Solicitor with whom we work that can look in to claims for work related stress and anxiety. To take this further, we would send you a simple initial questionnaire to complete and return that would then be passed to the specialist Solicitor who would contact you directly to further discuss your situation in confidence.

Hello there, I am here to see if you could tell me if I have a case, i used to work at ‘milk and more’ a very big company and for my short time there due to them neglecting me, I had to leave. A lot has gone on, too much to type, but I have strong evidence of this and can just bullet point just some of the things they did:

  • Only received 2 weeks training that was meant to be 3 months and that is stated in my contract.
  • No training on a left hand drive vehicle.
  • I went on an awareness course and was told by an assistant manager that the company should have provided with me a company/hired vehicle by law, However my boss made me go in my own car.
  • There was 2 managers and one manager said to me that the other manager said that I have had the 3 months training but I wasn’t even with the company 3 months.

I felt like I was being bullied due to what they kept saying to me, pushed into the deep end and put under a lot of pressure. Anyway there is more to this, however too long to type so if you think I may have a case please do email me. Thank you.

Ian Morris

It would appear that your former employer have failed you with regards to appropriate training and support. However, given that you have left the firm our concern would be that you appear to have not suffered personal injury but more the loss of your employment. This is not a legal area that we cover as you would need to investigate your rights under employment law and seek advice from a specialist employment law Solicitor.

Suffering with work related stress is a very nasty situation in which to find yourself. Any person finding their workload and working environment is becoming excessively stressful needs to ensure that they make detailed written reports of their worries and need for help to their employer to give the employer an opportunity to rectify the situation. If the employer then fails to make any alterations to the workload and environment, the worker could then look at whether or not they could make a claim for compensation against the employer.

You state that your employer has accepted liability for the accident in which you were injured. As such, you can claim compensation against the employers insurance and recover compensation for your injuries and also any loss of income caused by the injury.

It sounds as if you have not yet instructed a specialist Solicitor, such as those you’ll get if you come to Direct2Compensation to pursue a claim for you. Given the details you describe of the cause of your back injury, you really should make a claim for accident at work compensation. By making a claim against the employers insurance cover, you’ll be able to claim compensation for the pain and discomfort of the injury and recover any lost income caused during the period that you are unable to work as you do usually if you succeed.

You have two possible routes to pursue action against your employer. We may be able to help with a claim for work related stress and anxiety, but such claims are very hard to succeed with. We do work with a specialist Solicitor who is able to advise in detail on such enquiries. Should you wish to go down that route, please email me (ian@direct2compensation.co.uk) and I will respond with a simple one page questionnaire for you to complete and return. On receipt of the questionnaire, we can then pass this to our specialist Solicitor who can then liaise directly with you to advise as to whether or not you can claim compensation for work related stress and anxiety.

The other area that you should look in to would be under employment law and your rights in that sector. It could be that you have a valid claim under employment law – perhaps for constructive dismissal? However, we cannot advise with any expertise in this sector and would strongly recommend that you make enquiries with an employment law Solicitor to discuss your situation with them.

Have you spoken with senior management or your HR department regarding the actions of your supervisor?

I was employed as a mobile chef initially. I was then asked if i would consider taking on a different job as a gardener interacting with schools on various sites and a farm. My problem is that i feel that i am being bullied by the person i work with. He has on several occassions put in various complaints to management. I have had my probation extended and he continues to make me feel intimidated knowing that a suffer with anxiety diagnosed by my doctor.
They have now threatened to sack me. What can i do please?

Ian Morris

It would appear that you need some specialist employment law advice, so we would recommend that you make enquiries with an employment specialist law firm.

However, if you are beginning to feel stressed and anxious as a result of the workplace and how your employer is handling your employment, it is vitally important that you make written representations to your employer outlining your concerns and allegations. By putting a report to your employer in writing means that they have been notified of your concerns and have an opportunity to resolve them. If the employer then fails to resolve your concerns, you would at least have given them every chance to sort the issues out and would then be free to discuss the issues with a specialist Solicitor.

My employer has failed to staff my work place properly and our level of stress has increased. I have had a Heart attack and believe the increased level of stress is a contributing factor. Can I claim compensation?

Ian Morris

Have you ever made written representations to your employer regarding your levels of stress and the increased workloads placed upon you due to a lack of sufficient staffing?

To make a claim against the employer for work related stress, the employer must be shown to have known that you were struggling and that they have failed to act on reports of concerns.

Your Husband may have a claim against his employers, but there are some obvious issues that would be problematic in terms of succeeding with such a claim. Under UK law, to succeed with a claim for personal injury compensation, the claimant must demonstrate a causal (causation) between their work and the injury/health issue involved. Whilst there is a logical link in your description of your Husbands workload and subsequent stroke, that does not necessarily mean that the stroke can be proven to have been caused by workload. The other issue is whether or not your Husband ever complained (in writing) to the employer of the extensive workload and pressure upon him? Under UK law, it is important that any grievances or concerns are addressed to an employer in writing. This gives the employer an opportunity to resolve or rectify any issues. If they were advised in writing and then ignored that, there could be a claim against them.

Hi I walked out of my job over two weeks ago due to a manager being on my case for months basically work overload no staff always being on your own. Which has caused me stress.The day I walked out he followed me into the car park. The next day he was ringing me on social media and I’m not friends with this person on social media obviously guilty. There is more to this but just wondered if I had a case.

Ian Morris

You may have a claim under UK employment law and employee rights legislation, but this will need to be considered by a specialist Employment Law Solicitor.

Hi, I suffer with historic PTSD which causes severe social anxiety and an inability to communicate in times of stress or concern. This has been made aware to my employer in writing.
My employer offered me the opportunity to be placed on an out of hours on call rota. This was first offered in August 2018 to myself and two others. From August 2018 until the beginning of January 2019 the placement was put on hold for all concerned due to the end of year rush. I’d asked again during January whether it was still happening and was assured a trial week would be happening after the two others had theirs.
When the time for my own trial week came around, 2 days before I believed this was to happen, I chased the person responsible asking if any updates on me starting were available.
It has now been 3 weeks since sending that email, and I’ve had no contact regarding it. On the same day, I’d sent the same person another email which was completely unrelated and received a response within the hour. I checked the newly written on call rota myself, and can see the other two employees included in it for the entire year, but not myself.
I’m now left in a heightened state of panic and anxiety that is quickly leading to return trips to my GP. I’ve also had to take days off sick due to the terrifying reality of having to interact with this person and other colleagues in a normal capacity, convinced they’re now all ignoring the situation.
Could you please advise whether this constitutes unfair treatment and/or discrimination?

Thanks

Ian Morris

It is hard to advise as to whether or not you have been unfairly treated in this particular instance. Clearly, your employer is aware of your previously disclosed PTSD diagnosis and therefore they should, where possible, take this in to account with regards to the way they manage your work and communications with you.

At Direct2Compensation we do work with a specialist Solicitor who has expertise in work related stress compensation claims – an area of specific knowledge and expertise – and we can, if applicable pass a claim enquiry to them.

However, before we go down that route the sensible course of action would be for you to put your concerns to your employer in writing. I realise that you may feel anxious about doing so, but it is vital that your employer is made aware (in writing) of your current worry in order that they have an opportunity to remedy the situation with you. It could be that there is a simple explanation to this situation that puts your mind at rest and it would be reasonable to afford the employer the opportunity to provide such an explanation.

If after receiving your written concerns, the employer is unable to offer a reasonable explanation to you, you could then make further enquiries with regards to a claim for work related stress compensation.

Samuel

Thank you very much for the invaluable information.
I will look to seek an explanation into the reasons why others have been offered the additional work and subsequent remuneration where I have not.
I don’t feel there could be a valid excuse to withholding information I’ve already previously sought.
Another factor to this is that previous rotas have included a total of 5 on call workers at a time. At present, 3 members of senior staff and the 2 other employees that were offered the opportunity have been taken on. A 6th would in fact reduce the total amount of additional pay received per person per annum, and I believe this is the likeliest reason why I was denied the chance – hence the avoidance I’ve seen regarding my enquiry with them.
Given my predisposition, I can only feel that any avoidance to my questions is due to prior knowledge of my inability to take action in difficult situations.
My concern is that in raising this further with them, it may allow them the opportunity to legally push me out of my standard position.

I put a grievance in to my manager about 4 supervisors who were breaking the rules within my work place (favouritism, overtime management etc…) and the manager had shared the information i gave along with my name, to the supervisors in question.
They obviously didn’t like what I had to say and let out the information of my grievance onto shop floor with the false implications that I was grassing/snitching on everyone. I received a lot of stress/bullying after that from people embarrassing me in the locker room, graffiting about me, writing snitch and grass on my locker and in my work area when I emailed my manager saying I was disappointed to hear that he’s used my name, he then replied with “people cant keep things to themselves” (yes you’re one of them) my whole workplace is unpleasant and upsetting for me to work. Everyone looks at me differently and I have been on antidepressants for 6 months and I have had a lot of arguments, the only thing keeping me here is the money to provide for my family.

Ian Morris

I am not an expert in employment law, but under UK employment law it could well be that your employer has contravened the regulations. Have you put your objections to your Manager about them divulging your details to the work force in writing? If so, I would recommend that you speak to an employment law specialist.

Dave

Yes I have, he replied with… Sometimes people can’t keep things to themselves.

Ian Morris

You should certainly make immediate contact with an employment law specialist.

Dave

Was it bad for him to respond like this then because I was surprised myself I have the email to prove it as well

Ian Morris

Whether or not it was unwise for such a response to be given, it is important for you that you have evidence by way of the email correspondence to demonstrate their actions. Again, I would recommend that you make contact with an employment law Solicitor.

My initial view is that you should make contact with an employment law Solicitor at the earliest opportunity to discuss this situation as much of what you state relates to employment law rather than personal injury. As Direct2Compensation specialises and has expertise in Personal Injury law, we cannot advise you on employment law matters.

However, in terms of personal injury compensation for work related stress we can say this. Before you have any recourse against your employer, you need to formally make sure that your employer is made aware of your concerns and worries in writing. To this end, you should write to your employer immediately, copying the letter to your Line Manager and HR Department explaining the recent turn of events and how you are now feeling stressed, anxious and concerned.

By making your concerns known to the employer in writing, they are being put on notice that you are not happy and this gives them an opportunity to address the situation. Simply mentioning stress and worries verbally is not sufficient as there needs to be a written notice given to the employer. If the employer is unable to satisfy your concerns, you could then take out a formal grievance against them. If the formal grievance fails to rectify the situation, at that point you could then look to go to legal representation.

I have been on a work suspension for 1 year and 5 months due to fraud allegations being made against me. I did not get my investagtion meeting until 10 months after first suspended and it is going to disciplinary hearing stage later this month..7 months after investagation meeting..
Would appreciate your advise on my rights and how to proceed..I am totally innocent of allegations but from my research this dosent seem to factor into decisions made..

Ian Morris

We would strongly recommend that you make urgent enquiries with an employment law Solicitor regarding this situation.

You have two possible avenues to investigate with regards to your legal rights and possible claims.

Firstly, there is employment law and your rights under such legislation. It could well be that you have grounds to make a claim on that basis, but you would need to seek specialist advice from an employment law Solicitor.

Secondly, there is a legal right to claim compensation for work related stress and anxiety. However, succeeding with such claims is notoriously difficult and a claimant will only succeed if there is a detailed history of written reports being made to the employer of your concerns and need for assistance.

At Direct2Compensation we do work with a specialist law firm who can help with claims for work related stress compensation. To further investigate whether or not you can claim compensation for work related stress, we would ask you to complete a simple one page questionnaire that we would then pass to the specialist Solicitor to review. The Solicitor would then contact you to discuss the feedback on your questionnaire and advise you as to whether or not you have a valid claim for work related stress compensation.

You can take this further with us by calling us on 01225430285 or by using the ‘start a claim’ page of our website.

Have you informed your employers that you have been struggling? To have a chance of succeeding with a claim for work related stress, an employee needs to have put their employer on notice of their issue – in writing. This enables the employer an opportunity to resolve the situation. If they then fail to take any action, a claim for work related stress could follow.

You may have a valid claim for work related stress. However, such cases are notoriously difficult to pursue, so certain criteria must be met. To that end, we do have a specialist Solicitor who can consider such claims for you. To start the ball rolling, we’d need you to complete a simple one page questionnaire that we would then be able to pass to the specialist Solicitor who could then advise you directly regarding your rights and any possible claim.

To start this process, please use the ‘start a claim’ page of our website.

Employment law differs to personal injury law and as such, it is hard for us to advise on the legality or otherwise of the actions of your former employer.

I returned to work after being of with stress at work, the company agreed to give me a lessor role ie from supervisor to foreman then on my third day had a meeting with the foreman and added supervisors work to the foremans, after one more shift i could noy cope and I am now of sick again with stress at work.
I got a call after I told a supervisor that i was not coming to work I did not say why but i have a sick not of the doctor later that day i got a call from a manager asking why i was not going to work and i told him I was stressed he then suspeneded me, The call then ended I text asking for this in writing but got no reply what should I do, Shall I email the sick not and wait ?.

Ian Morris

You should pass the sick note to the employer. For any employment law issues, you should make contact with a specialist Solicitor operating within that sector.

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