Over recent years, there has been a notable increase in the number of people who work in the healthcare sector seeking compensation for psychiatric and psychological injury suffered in the workplace due to the nature of the jobs they do. It is also noteworthy that  many employees file claims for being harassed and bullied in the workplace. There are many circumstances which could lead to you suffering psychological injuries while you are at work, with stress and anxiety being high on the list. To find out more about filing a  psychiatric and psychological injury at work claim, please read on.

Definition of Stress in the Workplace

No matter what the profession, it would be fair to say that there will be times when an employee is put under a certain about of pressure. However, if the pressure you are put under while carrying out your job results in you being stressed out to such an extent that it negatively impacts your overall health and psychological well-being, you may have grounds to seek compensation from your employer. With this said, for a psychiatric and psychological claim to be upheld, the damage has to be “reasonably foreseeable” which then means liability can be proved.

Foreseeable Risks Explained

Your employer has a legal duty to assess any risks and hazards you may have to face while carrying out your job. They must set in place “reasonable” measures with an end goal being to address them. Past claims have also established that your employer has a duty to make sure your return to work having suffered psychiatric and psychological injury in the workplace, must be appropriately dealt with so that any arrangements that you make with an employer are responsibly catered for.

How Do I Prove a Psychiatric and Psychological Claim Against an Employer?

You would have to prove that your employer was in breach of their “duty” and that for this reason, you suffered psychiatric and psychological injury in the workplace. It is worth noting that employer negligence may not be the entire cause but that it was enough to be material to your injury. Should this be the case, your employer could be held partly responsible and therefore the amount of compensation you may be awarded in a successful claim would reflect this.

Can I File a Psychological Damage Claim Against My Employer?

For a psychological damage claim against an employer to be upheld, you would have to prove that the injury you suffered can be directly linked to a traumatic incident that occurred in the workplace and that it happened due to the negligence of a third party. This type of psychological injury is often the result of the following:

• A traumatic and stressful event such as a catastrophic workplace accident
• Being a witness to a traumatic incident

Having suffered a psychological injury at work, you could then develop post-traumatic stress disorder (PTSD). Other damage you could suffer from includes the following:

• Depression
• Anxiety disorder

Any of the above can have a serious and negative impact on your overall well-being and health. If extreme, it can even be life-changing with symptoms being a lot more debilitating than a physical injury sustained in the workplace.

It is also worth noting that psychiatric and psychological injury claims typically go hand in hand with a physical injury accident at work claim but can also be filed as unique claims in their own right. For your case to be upheld whether by a court or an insurance provider, the symptoms you experience as a direct result of having suffered psychological damage in the workplace, would have to have lasted for several weeks or months after having experienced or witnessed a traumatic incident in the workplace.

It is also noteworthy that there are 2 sorts of psychological injury victims which are detailed below:

• Primary victims – this refers to employees/people who are directly involved in the traumatic incident which led to them suffering from psychiatric and psychological injury in the workplace through no fault of their own but rather through the negligence of a third party
• Secondary victims – this refers to employees/people who witness a traumatic incident in the workplace which leads to them suffering from psychological injury. To meet the necessary criteria, a secondary victim must prove a close tie to the person involved in a workplace accident and that they witnessed the incident or were involved in the aftermath

What are the Symptoms of Psychiatric and Psychological Injury?

The symptoms you may experience when suffering from psychological injury would depend on several factors. However, where PTSD is concerned, the symptoms could include the following:

• Flashbacks
• Sleep deprivation
• Emotional avoidance

With this said, other symptoms often associated with psychological injury could include the following:

• Depression
• Anxiety
• Constant low mood swings
• Lack of interest and/or motivation
• Dizziness
• Heart palpitations

Should you suffer from an existing mental health issue and would like to file a psychological injury claim against an employer, you must be able to prove that your mental health has become a lot worse as a result of having been involved in a traumatic incident in the workplace.

Would My Psychiatric and Psychological Injury Claim be Valid?

This type of accident at work claim is, by nature, a complex legal process which would require that you be assessed by a psychiatrist who would provide a report on your mental health and your need for ongoing treatment and therapy. This report is essential because for your psychological injury claim to be upheld, a judge would factor in a psychiatrist’s notes when assessing whether your case against an employer is valid or not.

What Level of Compensation Would I Receive in a Psychiatric and Psychological Claim?

The amount you may be awarded in a successful psychiatric and psychological claim, would depend on the severity of your symptoms and how your life and ability to work has been negatively impacted. The psychological injury compensation you may receive would also take into account all your loss of earnings during your recovery and whether you had to undergo cognitive behavioural therapy (CBT) which is only provided by private specialists and not the NHS.

It is also worth noting that all cases of psychological injury are treated as unique and as such, the amount you may be awarded could differ from the compensation another employee may have received in a successful claim. As such, the amounts indicated below are given as ballpark psychological injury compensation amounts:

• Psychological injury that is deemed severe which negatively impacts your overall well-being and mental health which as a result leaves you vulnerable, the amount that may be awarded could be anything from £43,710 to £92,240
• Psychological injury that is deemed moderately severe but for which the prognosis is more positive although a person would still be affected, the amount awarded could be anything from £15,200 to £43,710
• Moderate psychological trauma where the prognosis is typically positive but where close relationships may be negatively impacted, the amount that could be awarded would be between £4,670 – £15,200
• Less severe cases where psychological trauma is an issue and which affects a person’s ability to deal with everyday life, the amount that may be awarded could be anything from £1,220 – £4,670
• Post-traumatic stress disorder is assessed as a separate category and the amounts that may be awarded could be anything from £3,150 to £80,250 for extremely severe cases

What Can I Include in My Psychiatric and Psychological Injury Claim?

As with all personal injury claims whether work-related or other, the way compensation is calculated is divided into 2 parts which covers General Damages and Special Damages.

General damages are calculated as follows:

• On the pain, suffering and loss of amenity you had to endure as a direct result of being injured in the workplace. This incorporates how your working and personal life is impacted

Special damages are calculated as follows:

• On the costs and expenses you incurred as a direct result of your injury, pain and suffering. This includes travel and medical expenses and all other costs you had to pay out. It is important to retain all receipts which would be needed when calculating the amount of compensation you would be entitled to receive. Special damages also factor in any loss of wages and future earnings should you not be able to work again.

Should I Sue My Employer for a Psychiatric and Psychological Injury?

Employers have a legal duty to keep you safe from injury and harm while you are in the workplace and this includes keeping you safe from psychological harm. In short, if for any reason you are put under tremendous pressure or you are bullied in the workplace and as a consequence you suffer a psychological injury, you have every right to seek compensation from your employer.

Your employer cannot prevent you from filing a psychiatric and psychological injury claim and if they do, they could be breaking the law. As such, you should seek legal advice from a lawyer who specialises in this type of claim. They would offer essential advice on how best to proceed when it comes to seeking psychological injury compensation from your employer.

What are My Workers Rights?

As previously mentioned, your worker’s rights are highly protected by UK law and legislation. An employer must abide by these regulations and laws because failing to do so could lead to legal action being taken out against them. If you are injured in an accident at work your rights are as follows:

• You can seek compensation for the injury you suffered
• Your job is safe even though you seek compensation from an employer

Should your employer threaten you in any way which includes firing you, making your redundant or if they make your working life very difficult, you should seek legal advice from a solicitor because you could take out further action against your employer and this includes “unfair dismissal”.

What Are My Employer’s Responsibilities in the Workplace?

Your employer has a duty of care to keep you safe when you are working for them. This means ensuring that the working environment is safe and that all reasonable measures have been set in place to reduce the risk of you suffering an injury in a workplace accident. An employer’s responsibility towards you includes that they abide by the following:

• To abide by Health and Safety Executive regulations and other laws that are in place to keep employees/workers safe from harm and injury in the workplace
• To ensure that all members of staff are given adequate training to carry out a job they are tasked to do
• To ensure that machinery, equipment and tools are correctly maintained as per a manufacturer’s guidelines and recommendations
• To provide adequate personal protection equipment to employees when necessary and to ensure that all PPE is correctly stored, maintained and readily available
• To carry out regular assessments of risk and hazards in the workplace to identify hazards
• To provide detailed working practices to all employees/workers

Should your employer fail to do any of the above and you suffer an injury in a workplace accident which includes a psychological injury, you could be entitled to seek compensation because your employer could be deemed liable due to negligence.

Is There a Time Limit to Filing a Psychiatric and Psychological Claim?

You have 3 years to file a psychiatric and psychological claim against a negligent employer providing you can meet the criteria detailed above. The statutory time limit for all personal injury claims is detailed as follows:

• 3 years from the time you were involved in an incident that left you traumatised
• 3 years from the date you were diagnosed as suffering from a condition that can be directly linked to a traumatic incident you experienced or witnessed in the workplace
• 3 years from your 18^th birthday, should the incident that left you traumatised prior to your 18^th birthday

Can My Employer Fire Me For Filing a Claim?

Your employer cannot treat you unfairly because you seek compensation for any sort of injury you sustain in the workplace, whether physical or psychological and if you are threatened with the sack, your employer would be breaking UK law and could face further legal action. If you are threatened with redundancy, treated unfairly because you file a psychiatric and psychological claim against your employer, before doing anything else which includes resigning from your job, you should seek legal advice from a solicitor.

Are There Any Benefits to Working With a No Win No Fee Solicitor on a Psychiatric and Psychological Injury Claim?

Because this time of case can be complex, it is far better to work with a solicitor who has vast experience in handling psychiatric and psychological injury claims for employees in the past. There are many advantages to having a lawyer represent you when making a claim for compensation against an employer. This includes the following:

• A lawyer has access to legal libraries which is essential when dealing with this type of claim against an employer. The reason being that a solicitor can use “precedents” on which to base aspects of your claim
• Once a solicitor is satisfied that you have a valid claim, they would sign a No Win No Fee agreement with you which means you would not have to pay an upfront fee or further payments. The only time you would pay a No Win No Fee solicitor is when you win your case and the percentage you agreed to pay, is deducted from the amount of compensation your receive
• A solicitor would arrange for you to be examined by specialists/consultants and the report they provide would be used as a basis for your claim
• A solicitor would ensure that you receive ongoing therapy should this be required
• A solicitor would also negotiate a correct level of compensation, bearing in mind that 95% of personal injury claims are settled out of court

A solicitor would have to satisfy themselves that you have a valid psychological claim against your employer and therefore that your case stands an above average chance of succeeding whether you claim is heard by a judge or your employer’s insurance provider chooses to offer a settlement out of court. Should this be the case, an experienced solicitor would ensure that the psychological injury compensation you receive is acceptable and that the amount reflects the damage you suffered in the workplace.

There are many laws and regulations in place to protect employees in the UK from harm and injury in the workplace but no matter how responsible an employer might be towards you, there is always a risk of being involved in an accident at work that leaves you injured. There are specific jobs that present more hazards and dangers to workers, but office staff and shop assistants are also at risk of suffering a workplace injury. If you were injured at work and would like to know whether filing an accident at work claim is worth it, please read on.

Is It Worth Filing an Accident at Work Claim Against an Employer?

Whether you are a full-time employee, work part-time, are a temp, a self-employed contractor or just visiting a workplace and you suffer an injury through the negligence of a third party, you could be entitled to seek compensation. You may be in two minds as to bring a claim against your employer because of any consequences such a legal action might have on your future relationship with your boss. However, holding an employer to account if you believe they were negligent in their duty to keep you safe while in their employment, is a perfectly acceptable route to take.

Suffering an injury in an accident at work can leave you unable to work whether this is for a short period of time or much longer. Not being able to bring a wage can put you and your loved ones under financial pressure. Not being able to pay monthly bills and everyday living costs can lead to all sorts of problems. As such, seeking compensation for the injuries you sustained can help you through what is often a stressful and anxious time.

The Most Commonly Reported Accident at Work Claims

You could be involved in many different workplace incidents that leave you injured whether your injuries are minor or a lot more severe. With this said, there are specific workplace accidents that are more commonplace than others. These are listed below:

• Slips, trips and falls
• Manual handling incidents
• Colliding with machinery, equipment and moving vehicles with an example being forklift trucks
• Items and products falling from a height because they are badly stacked

As previously mentioned, there are several professions where you are put more at risk of being injured which includes the following:

• Working in a warehouse
• Working in the building trade
• Working in the Construction trade
• Working in the healthcare sector
• Working in the nursing sector

Your Employer’s Duty of Care Towards You

An employer has a duty of care towards you and must adhere to Health and Safety Executive regulations and other government laws that are set in place to protect all employees. As such, your employer’s responsibility towards you in the workplace are as follows:

• To ensure that accidents and near misses are recorded in an Accident Report Book or other official method that must be readily accessible to all employees
• To ensure that all “reportable” incidents are reported to RIDDOR
• To ensure that the workplace and areas off-site are as safe as reasonably possible
• To provide adequate training on an ongoing basis to all members of staff whether existing employees or new workers
• To ensure that all tools, equipment and machinery is properly maintained and regularly serviced to a manufacturer’s recommendations
• To provide personal protective equipment when needed
• To install safety guard rails on machinery and equipment that is deemed hazardous
• To provide adequate and detailed working procedures to all members of staff
• To provide adequate training to employees who use machinery and other equipment in the workplace
• To frequently review all working practices and to identify potential hazards

If you are injured in the workplace because your employer failed in any other the above, you have the right to seek compensation by filing an accident at work claim against your employer without fear of any sort of retribution.

Would I Be Paid During My Recovery After an Accident at Work?

Your employer is not legally obliged to pay you if you are injured in an accident at work and you are unable to work during your recovery. However, you would be entitled to claim statutory sick pay (SSP) although this is only typically a percentage of your full weekly salary. As such, you could be put under a lot of financial pressure at a time when your focus should be on making a full recovery from the injuries you sustained in the workplace.

With this said, some employers choose to pay their employees more in the way of sick pay which is written into their employment contracts and if this is the case, you would receive this amount of money on top of the SSP you would be entitled to receive during the time it takes to recovery from your workplace injuries. It is worth noting that even if you choose to seek compensation by filing an accident at work claim against your employer, you would still be entitled to receive any sick pay that is written into your employment contract together with your statutory sick pay you would be entitled to receive.

How Do I Prove My Employer Negligence Caused My Accident at Work?

Some accident at work claims are straight forward and proving that an employer was negligent in their duty to keep an employee safe from harm, is a simple process. If this is the case with your claim, you could find that your employer’s insurance providers choose to offer an “out of court” settlement which would cover your general damages and special damages.

• General damages cover any pain and suffering you had to go through as well as any change in your lifestyle due to the injury you sustained at work
• Special damages are calculated on the expenses and other costs you had to pay out as a result of the injuries you suffered in an accident at work which also incorporates your lost wages and any future earnings should your injuries be such that they stop you doing the job you used to do before you were in an accident at work

Your employer may admit they are partly responsible for the injuries you sustained in which case this would be referred to as being a “split liability”. As such, because your employer is partly responsible for the accident and you are partly responsible for the injuries you sustained, this would be referred to as “contributory negligence”. If this should be the case, a court would then rule that as the claimant, you would be held partly responsible for the injuries you sustained and as such, the amount you would receive in the way of compensation would be reduced accordingly.

Should your employer choose to dispute your accident at work claim, the legal process becomes a lot more complicated which is when working with a lawyer who specialises in this type of work-related claim makes all the difference as to whether your case would be upheld.

It is Against the Law For An Employer to Intimidate You Following an Accident at Work

The majority of employers follow Health and Safety Executive regulations and other laws pertaining to employee safety in the workplace. As such, when a workplace accident occurs and you are injured, an employer would do their best to ensure that you are rightly compensated. However, some employers do not play by “the book” and object to you seeking compensation from them. Should this be the case, your employer would be in breach of the laws that govern workplace accidents and your right to seek compensation for the injuries you sustained through no fault of your own.

It is against the law for an employer to “intimidate” of to “threaten” you and if they do, you should seek legal advice from a solicitor who specialises in employment law before doing anything else. The reason being that you would be entitled to take further legal action out against your employer. If you are at all concerned that you are being treated unfairly following an accident at work that left you injured and you doubt whether you should claim compensation, the best course of action to take is to seek legal advice rather than resign from your job or not hold your employer to account.

Knowing Your Workers Rights Following an Accident at Work

It is important that you are aware of your rights following an accident at work that leaves you injured or suffering from a work-related medical condition. Your worker’s rights include the following:

• To file an accident at work claim to seek compensation for the injuries you sustained in the workplace
• That your position within a business/company is safe if you seek compensation

If your employer attempts to make your working life more difficult because you seek compensation from them, you should discuss your concerns with a solicitor before doing anything else.

What is the Time Limit to Filing an Accident at Work Claim?

There is a very strict time limit when it comes to making an accident at work claim which if missed, can mean you would not be able to seek compensation even if you were not responsible for the injuries you sustained while at work. The time limit is detailed below:

• 3 years from the date you suffered a workplace injury
• 3 years from being diagnosed as suffering from a medical condition directly linked to the job you do
• 3 years from your 18^th birthday if you were injured or developed a work-related health issue before you were 18 years old

Can I File a Complaint With My Accident at Work Claim?

If you think that a workplace is hazardous, the best course of action to take is to discuss your concerns directly with your employer and to do so formally. Should your employer fail to set in place measures to reasonably reduce the risk of harm and injury to you and other employers which results in you being injured in the workplace as a consequence of their inaction, you should contact an accident at work solicitor who would typically be willing to take on your claim on a No Win No Fee basis.

My Contract is Zero Hours, Can I File an Accident at Work Claim?

If you are working on a zero hours’ contract and you are injured in an accident at work, you can file for compensation. The reason being that you are still entitled to receive adequate training to do the job and be provided with the correct tools and support needed to carry out your work safely. An employer has a legal obligation to keep you safe from injury and harm in the workplace and if they fail to do so and you suffer any sort of injury, you are entitled to file an accident at work claim against the employer.

Are There Any Benefits to Working With a Solicitor on an Accident at Work Claim?

If you are worried about filing for compensation against your employer, there are many reasons that could prompt you to do so. Suffering any sort of workplace injury or developing a work-related medical condition through no fault of your own, can put you in financial jeopardy. This could lead to you suffering from depression as well as having to cope with the damage you sustained. All employers in the UK are duty bound to keep you safe when you are in their employment and they are legally obliged to hold liability insurance which provides a minimum cover of £5 million.

As such, when you file an accident at work claim against your employer, the insurance policy they have in place, covers this eventuality. Your claim would be handled by the insurance provider and it is the insurer who would pay out the compensation you receive on a successful accident at work claim.

For an accident at work claim to be successful, it is best to seek legal representation from a solicitor who boasts vast experience in this field. Other advantages of working with a lawyer on an accident at work claim includes the following:

• A solicitor has access to many legal libraries where they can find precedents which can be used as a basis for your claim
• They know how to communicate with insurance providers
• A solicitor can arrange for you to be examined by a consultant/specialist and the report they provide on your injuries/health issue would be vital when it comes to calculating the amount of compensation you may be awarded
• A solicitor can arrange for you to receive aftercare therapy should this be necessary
• They can provide essential advice on the sort of evidence needed to prove employer negligence
• A solicitor would be able to negotiate a “fair” amount of compensation for you should the insurance provider offer an “out of court” settlement, with 95% of personal injury claims being settled before they are heard by a judge

Would I Be Fired For Filing an Accident at Work Claim

If you are worried about losing your position in a company or business and therefore do not want to file an accident at work claim against your employer, the law clearly states that you cannot be fired for seeking compensation for any workplace injuries you sustained through no fault of your own.

Should your employer threaten you in any way which includes stating that you would be sacked for seeking compensation or that you could be made redundant for doing so, your employer would be breaking the law. As such, you should contact a solicitor who specialises in employment law because you may be entitled to take out further legal action against your employer.

Would a Solicitor Represent Me On a No Win No Fee Basis?

Should you be worried that you cannot afford to seek legal representation from a solicitor who specialises in accident at work claims, it is worth remembering that if you have a strong case against your employer, a lawyer would agree to take on your case on a No Win No Fee basis. A solicitor would assess your case either by telephone or in a face to face meeting for which there would be no charge and once satisfied that your claim is valid, they would sign a No Win No Fee agreement with you. This allows the solicitor to begin work on your case without the need of requesting an upfront payment to do so.

No Win No Fee agreements are also referred to as Conditional Fee Agreements because they only time you pay for the legal representation you receive is when you are awarded the compensation you seek. The agreed percentage you would pay is known as a “success fee” and it is deducted from the amount you receive. Should you lose your claim, the fee is not payable because the lawyer who represented you entered into a No Win No Fee agreement with you.