Workplace injuries aren’t just physical. In fact, a 2023 study found that mental health issues such as stress and anxiety are the most common workplace injury, making up 52% of all cases. Just like with physical health and safety, employers are bound by law to protect their employees from psychiatric injuries. A failure to do so leaves them open to liability. So, if you believe you’ve been a victim, it’s important to know what your options are.
A psychiatric injury is distressing by nature, but the potential damages and losses that follow can cause an already-difficult situation to get worse. Optimal can help here, with specialist psychiatric injury solicitors trained to provide legal advice, sincere support, and steadfast representation to get the compensation you need to move on with your life.
To make a claim, you need to understand exactly what a psychiatric injury is, whether it was a result of your workplace and, if so, whether your employer followed proper protocols to prevent it. Here’s everything you need to know.
What is a psychiatric workplace injury?
A psychiatric workplace injury refers to the diagnosis of an actual psychiatric illness resulting from an employer breaching their duty of care. This can be suffering mental harm in the working environment, resulting in or exacerbating conditions like anxiety, depression, prolonged stress, or even post-traumatic stress disorder (PTSD). The injury can go on to significantly impact your ability to function at work and in daily life.
Common symptoms to look out for include feeling anxious, a lack of concentration, sleep disturbance, flashbacks, and nausea. However, it’s important to understand where these symptoms originated.
Is your injury a direct result of the workplace?
Before raising a claim, it’s important to identify whether your psychiatric injury has resulted from a previous condition or conditions that existed before the workplace environment in question, or from another source (for example, family life or other event). A pre-existing or even historic condition doesn’t have to be the same as the new diagnosis to be considered a cause and/or factor – it could include any kind of mental health condition that you have been diagnosed with or received treatment for in the past.
You then need to determine if the condition was caused or exacerbated by your current workplace, whether it be a new diagnosis or the first such injury. Direct causes could include but are not limited to bullying or discrimination, while indirect causes could include unmanageable workloads or poor working conditions.
Naturally, there may be some overlap, but providing as much background and root cause information early will help your solicitor build a stronger claim with the best chance of an optimal outcome.
What indicates that your employer may be at fault?
After showing that an actual psychiatric illness was suffered, it must be proven that:
- The employer breached their duty of care
- The working environment posed a real risk of causing illness and the employer knew (or ought to have known) that the employee was exposed to that risk
An employer is bound by a duty of care to its staff. Underpinned by both common law and legislation, employees are protected by frameworks that employers must follow, such as; The Equality Act 2010 and Health and Safety at Work etc. Act 1974.
For a claim to be successful, it must be shown that, “on the balance of probabilities”, it was more likely than not that the employer was to blame for the injury due to a breach in duty.
How can I show my employer was aware?
A key aspect the court considers is foreseeability – that is, that the employer knew the difficulties were so severe as to create a risk of imminent psychiatric illness. Crucially, an employer may be considered at fault if an employee reports causes and/or symptoms of a potential psychiatric workplace injury and they do not act accordingly. It will be considered a failure of the employer if they did not do everything reasonable in the circumstances to keep the employee safe from harm.
The court will also review how the employer managed risks and how the harm was caused by the working environment. For example, if two breakdowns were suffered due to stress and workload, the employer would be considered “on notice” after the first, and therefore the second was entirely foreseeable. Once an employer is aware, they must investigate the matter and act accordingly – though the court will consider the employer’s size and available resources.
What steps can an employer take?
Direct actions that an employer could take to act accordingly to an individual employee include making reasonable adjustments such as moving shifts or providing one-on-one check-ins and HR support. More general actions that an employer should follow to protect employees against potential psychiatric issues include risk assessments, training, and promoting an open culture.
Should you raise a claim for compensation against your employer, these are the key factors that your solicitor will investigate to determine whether they could have done more.
Should you seek legal advice to make a claim?
You must have been diagnosed with a psychiatric injury before you can seek action against an employer – this is a legal prerequisite.
If you have a diagnosis, you may be tempted to raise a claim alone. However, even in cases where you deem the evidence to be clear and obvious, claims of this nature are often complex, knowledge-driven, and littered with legal loopholes. The defendant will likely deny causation wherever they can to protect themselves, which is where you need specialist legal assistance to fight your corner and support you through what may already be a highly distressing situation.
When seeking legal advice, please be prepared to supply medical and employment records as these are needed for assessment. Only after all documentation has been reviewed can the likelihood of success be determined.
What factors will be considered for compensation?
Compensation values for claims of this nature are highly variable and may not become clear until later in the process. In most successful cases, a large proportion of the compensation comes from past and future loss of earnings. Other losses and damages could include family care, rehabilitation, or other impacts on your daily life.
Will claiming against your current employer affect your employment?
No – you are protected by the Employment Rights Act 1996, which gives you a legal right to make a claim against your employer. It is unlawful for an employer to dismiss you solely for making such a claim and would be considered unfair dismissal.
If you suspect your employer may be liable, what should you do?
If you suspect your employer may be liable for the cause or exacerbation of your psychiatric workplace injury, you should:
- Make sure you have communicated your concerns clearly to your employer
- Ensure all communications and related exchanges (such as manager appointments, work meetings, and complaints) are recorded in your employee records
- Update employers with any changes or continuation of the harmful environment
- Seek support and a professional psychiatric diagnosis from your GP or specialist
If you wish to make a claim, you should seek legal advice from a specialist solicitor with experience in psychiatric workplace injury cases, like Optimal Solicitors. We’ll offer impartial legal advice based on all the information provided, treating you with fairness and understanding over what we appreciate will be a distressing time for you. We will collate all information to determine whether you have a claim and contact your employer on your behalf.
Optimal will support you every step of the way
We appreciate the challenges and potential distress that can come with raising a claim for a psychiatric workplace injury. That’s why we provide sincere, empathetic support throughout – simplifying legal jargon and communication with you at every step.
It’s our number one priority to help you navigate a path forward to normality, so we provide a strategic and thorough legal approach which can even include bringing in our own psychiatric expert for evaluation. Everything we do is geared towards helping you receive maximum compensation and achieve the optimal outcome for your future.
To find out more about how we can help, please don’t hesitate to contact us today.
