If you are unable to cope with the demands your work places on you, you can suffer from work-related stress. Stress is a serious issue, because it can have a significant impact on your health in general. Although stress itself is not a medical condition, it can contribute to many other illnesses such as back pain and heart disease.
Employers should perform assessments to reduce the risk of their employees suffering work-related problems such as stress. The Health and Safety Executive management approach was developed to help employers to reduce the risk of work-related stress, so all employers should be aware of the dangers of stress and what they can do to reduce the risk. If an employer fails to carry out these assessments or act upon them, they may be liable for compensation.
Claiming for work-related stress from your employer requires you to be able to demonstrate that you have a medically recognised psychiatric condition which was either caused or contributed to by your work situation. In addition to this, it is necessary to show that the employer was aware of this and did little or nothing to resolve the problem.
Of importance to work-related stress claims is the February 2002 appeal judgement which overruled three successful work-related stress claims. Here at Accident Advice Helpline, who you can call on 0800 689 0500, we have considerable experience of helping individuals with their claims and will be able to offer expert advice on your claim.
There are a number of important conditions that have to be met. It has to be shown that the psychiatric damage to you was foreseeable and that it is reasonable to expect the employer to foresee the harm that was being done to you. Some things to consider are:
- Is the workload comparable to similar jobs or higher?
- Does the department have an unusually high level of sickness or absenteeism?
- Have you previously shown signs of suffering stress which would indicate that you were particularly vulnerable to stress?
An employer is allowed to take what an employee says at face value and is not required to make searching inquiries. It is the employee’s responsibility to inform the employer of any illness that affects their ability to perform their job. The employer has only failed in their duty if they fail to take steps that would be considered reasonable. An employer who offers their employees a confidential advice service with possible referrals to counselling, advice or treatments is unlikely to be found responsible for an employee suffering from work-related stress.
It is important to get good advice on your potential claim. Accident Advice Helpline have the expertise to help you with your claim. We will be able to assess the likelihood of your claim succeeding in court and advise you on the information you will need to collect for your claim. Call us today on 0800 689 0500 to get started on making your claim.
Date Published: October 11, 2013
Author: David Brown