When Can I Claim For Stress At Work?

Are you wondering whether you can claim for stress at work? If so, this guide might provide you with helpful information on the eligibility for seeking compensation.

claim stress at work

A guide on how to claim for stress at work

All employers owe a duty of care to their employees. If they breach this duty of care and cause you harm, either physical or psychological, this is known as negligence. If you can prove that an employer’s negligence has caused you harm, you might be able to make an injury at work claim. We will discuss this in more depth later in this guide, including the responsibilities your employer has as part of their duty of care.

Additionally, we will share how an accident at work could happen and what psychological injuries could be sustained.

Furthermore, we will share examples of evidence that could help support your claim as well as other steps you could take following an incident at work, such as seeking legal advice.

However, if you would like to speak to someone about your potential injury at work claim, why not contact one of our advisors? They can offer you free legal advice.

To speak with our team:

Choose A Section

  1. Can I Claim For Stress At Work?
  2. Why Is Duty of Care Important When Making A Psychological Injury Claim?
  3. What Is The Work Injury Claim Time Limit?
  4. Evidence That Could Help You Claim For Stress at Work
  5. Potential Compensation You Could Receive For A Workplace Accident Claim
  6. How Can No Win No Fee Solicitors Help?
  7. More Information About How To Claim For Stress At Work

Can I Claim For Stress At Work?

There may be instances where you could make a claim for stress at work. However, your claim must meet the following criteria:

  • A third party, such as your employer, owed you a duty of care at the time and place of the incident
  • They breached this duty of care
  • You experienced psychological harm or physical harm as a result of the breach.

For example, you may have approached your employer about feeling stressed at work but they failed to take any steps to address your concerns. As a result, you continued to feel stressed and your mental health worsened.

If you are still unsure whether you are eligible to make a work injury claim for emotional harm, speak with one of our advisors today.

Why Is Duty Of Care Important When Making A Psychological Injury Claim?

As mentioned, your employer owes their employees a duty of care. This is outlined in the Health and Safety at Work etc. Act 1974 (HASAWA). As part of their duty of care, they must take reasonable steps to eliminate or reduce the risk of harm in the workplace. This can include ensuring:

  • You are not working too many hours
  • You have regular breaks in between working shifts
  • You are given adequate training on how to complete your tasks correctly and safely

In some cases, they might fail to uphold their duty of care, leading to you sustaining harm in the workplace. 

Examples of how someone could experience stress at work include:

  • You have a workload that is unattainable causing you ongoing stress.
  • Your employer makes you work very long shifts on a regular basis without enough breaks in between. This causes you to become exhausted and stressed.
  • Your employer fails to give you proper training on how to do your job and fails to give guidance to help you. This causes you to experience stress around your ability to do your job.

However, if your employer can prove that they upheld their duty of care by taking reasonable steps to reduce or remove the risk of you experiencing harm, you may not be able to claim. For further guidance on whether you’re eligible to make a claim for stress at work, speak with our team.

What Is The Work Injury Claim Time Limit?

If you want to start a claim for stress at work, you must do so within the time limit set out in the Limitation Act 1980. As per the Act, the injury at work time limit is generally:

  • 3 years from the date of the incident
  • 3 years from the date you connected the harm you sustained with negligence

However, there are certain exceptions that may apply. For instance, if the injured person is under the age of 18, the time limit is suspended. They can start a claim on their own behalf within three years from the date of their 18th birthday if no claim has been made on their behalf before this point.

Additionally, there are other exceptions for those who lack the mental capacity to claim on their own behalf, get in touch to learn more. An advisor can provide further guidance on how long a work injury claim can take.

Evidence That Could Help You Claim For Stress at Work

If you have suffered stress at work, there is certain evidence you can collect that could help support your claim for compensation, such as:

  • Communication between you and your employer.
  • Medical evidence such as doctor or hospital reports.

Additionally, if you have experienced financial loss as a result of the harm you sustained, you should provide evidence of this. This can include payslips if you have needed to take time off work to recover and have lost earnings as a result.

For further information on what evidence may be needed to claim for stress at work due to an accident, call us today. An advisor can discuss the work injury claims process in more detail.

Potential Compensation You Could Receive For A Workplace Accident Claim

When making a work injury claim, any physical and mental pain and suffering that has affected your quality of life could be compensated via general damages. This head of claim also considers the severity of the harm you sustained and the future prognosis.

We have created the following table of guideline compensation figures using the 16th edition of the Judicial College Guidelines (JCG). The JCG is a document many personal injury lawyers use to help value the general damages head of claim. However, how much you receive will depend on your specific claim. As such, you should only use the figures as a guide.

InjuryNotesAmount
Psychological Damage(a) Severe - Severe problems with work, education and life. Prognosis and future vulnerability will be severely impacted.£54,830 - £115,730
Psychological Damage(b) Moderately Severe - Cases in this bracket include work-related stress causing a permanent disability that prevents the person returning to work.£19,070 - £54,830
Psychological Damage(c) Moderate - Previous problems with work, education and life; however, prognosis is better due to significant improvements that have been made.£5,860 - £19,070
Psychological Damage(d) Less Severe - How badly the person's sleep and daily activities are affected will be considered.£1,540 - £5,860
Anxiety Disorder(a) Severe - All areas of the person's life will be badly affected.£59,860 - £100,670
Anxiety Disorder(b) Moderately Severe - There is some recovery due to the person receiving professional help. £23,150 - £59,860
Anxiety Disorder(c) Moderate - A large recovery has taken place.£8,180 - £23,150
Anxiety Disorder(d) Less Severe - An almost full recovery with potential minor symptoms continuing for a long time.£3,950 - £8,180

What Else Could I Receive When I Claim For Stress at Work?

Within your settlement, you may also receive special damages. Any financial costs you have had to spend, and may have to spend in the future, due to your injury could be compensated under special damages.

To help your chances of making a successful claim for special damages, you should provide evidence of these expenses. This could include payslips stating you have lost out on wages due to having to take time off work due to your injury.

How Can No Win No Fee Solicitors Help?

If you are looking to make a claim for stress at work, you may want to consider a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). It is a way to access the services your solicitor provides.

If your case fails, you will not be obligated to pay them for their services. However, if your case succeeds, you will have to pay them a success fee out of your compensation. The amount is capped by law.

Call one of our advisors for further information on how a No Win No Fee arrangement might benefit you.

Contact Us Today For a Free Consultation To See If You Can Claim

For free legal advice or help regarding how to claim for stress at work, get in touch today. Our team of advisors can help you with any questions regarding your potential claim. They may also assign a work accident solicitor to your case if it’s valid.

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Please speak to an advisor if you have any questions regarding how to claim for stress at work.

Writer Megan Rack

Editor Meg Matthews