This is our guide looking at filing a claim for psychological injury at work. We cover how to make a work injury claim, what a psychological injury could entail and how your evidence can assist in you claiming compensation.
Psychological injury at work guide
Employers owe a duty of care to those they employ. This duty of care means that they need to take reasonable steps to avoid injury. If they don’t, and you’re injured as a result, you could be owed compensation.
Our team of advisors are on hand and ready to provide you with free, relevant legal advice. If they think you have a valid claim, they could connect you with a No Win No Fee lawyer from our panel.
Please read on to find more information about psychological injury claims. To contact us, please don’t hesitate to-
- Call us on 0800 073 8805
- Start a claim online now
- Talk to us through Live Chat on our website
Choose A Section
- How Do You Claim For A Psychological Injury At Work?
- What Is A Psychological Injury At Work?
- Potential Evidence That Could Be Used In A Work Injury Claim
- What Compensation Could Be Received From An Injury At Work?
- Our Solicitors Could Help You Make A No Win No Fee Claim
- Learn More About Claiming For A Psychological Injury At Work
How Do You Claim For A Psychological Injury At Work?
You may have been physically and psychologically affected by your accident at work. Both of these could be grounds for a claim, provided they happened as a result of your employer breaching their duty of care towards you. You could claim for psychological injuries that you sustain alongside physical ones, or you could claim for them alone.
For you to have a potentially successful work injury claim, you must prove that-
- Your employer owed you a duty of care when and where the accident took place.
- Your employer breached their duty of care.
- This breach caused your injury.
Your payout would vary depending on the circumstances of your case. For example, the more severe your psychological injury and the greater the impact it has on your quality of life, the higher your payout could be.
You can get in touch with an advisor on our team today, and they may be able to give you free legal advice about the process of claiming as well as an assessment of the value of your psychological injury at work claim. If your case is valid, they could connect you with a No Win No Fee lawyer.
What Is A Psychological Injury At Work?
A psychological injury can be any mental suffering brought on by an accident or incident. This can include depression, anxiety, or stress brought on by an accident resulting from your employer’s negligence.
You may be able to claim for your psychological injury if you can prove that your injury was a consequence of your employer’s breach of duty.
The Health and Safety at Work etc. Act 1974 states that your employer should take all reasonable steps to ensure the safety of the workplace facilities, environment, equipment and work processes. This is their duty of care.
Below, we have included some examples of how a psychological injury could occur as a result of employer negligence:
- You could be involved in an industrial accident where your arm was crushed in a machine and traumatically amputated. This could cause you to sustain post-traumatic stress disorder (PTSD), which is an anxiety disorder that can cause symptoms such as flashbacks.
- Slipping on a wet floor that did not have a clear warning of such a hazard could mean you suffer a head injury causing brain damage. This could cause you to become depressed, as you’re unable to live your life the way you did before.
- If you’re almost struck by a heavy falling object in a factory accident, this could cause you to become anxious at work as you worry it could happen again.
If an accident caused by negligence caused you multiple injuries, then they could all be included in your claim. This is the case even if you sustain a mix of physical and psychological injuries.
Having evidence to support your work injury claim for your accident and your psychological injury at work will be advantageous in showing your employer’s negligence. If you’d like to know more about collecting evidence, read on to the next section. Otherwise, you can get in touch with our team of advisors today for free legal advice about claiming.
Potential Evidence That Could Be Used In A Work Injury Claim
As part of the work injury claim process, you must prove that your psychological injury at work was caused by your employer’s negligence. You will also need to demonstrate the severity of your injuries.
If you choose to work with a workplace injury solicitor, they can help compile this proof which will be beneficial. This can include-
- Providing copies of medical records
- Illustrating the psychological impacts through a diary
- Contact details from witnesses of the accident
- Photographs of the injury and/or the scene
- A copy of the accident at work book
You may be wondering how long you have to claim for an accident at work. The Limitation Act 1980 states that the standard time limit for filing an accident at work claim is generally three years from the date of the accident or the date you became aware that your injuries were a result of your employer’s negligence.
The time limit can be suspended if an individual is under eighteen at the time of the accident or is lacking the mental capacity to claim for themselves. The three-year time limit resumes on their eighteenth birthday or in the event that they regain their mental capacity; this is only if a litigation friend has not already claimed on their behalf. A litigation friend is someone who can claim on behalf of a party who is unable to pursue their own claim.
What Compensation Could Be Received From An Injury At Work?
You could be awarded general damages for your psychological injury at work. These cover the pain and suffering caused by your injuries.
The Judicial College provides guideline compensation brackets for a range of injuries and their severities. Legal professionals use these guidelines to assist them when assigning a value to a claim.
| Injury | Severity | Notes | Value |
|---|---|---|---|
| Amputation of Leg | Below-Knee Amputation of One Leg (iv) | Traumatic amputation occurring in an accident and/or you were fully conscious. Phantom pains and psychological problems will help determine the compensation. | £97,980 to £132,990 |
| Amputation of Arm | Loss of One Arm (b) Above-Elbow Amputation (ii) | A prosthesis isn't really helping to restore function. The effect on employment and social life will be reviewed. | £109,650 to £130,930 |
| Psychological Damage | Severe (a) | You have problems managing life and work. Your prognosis is poor, and you are at risk of future vulnerability. | £54,830 to £115,730 |
| Psychological Damage | Moderately Severe (b) | Significant problems in managing life and employment. More optimistic prognosis for recovery. | £19,070 to £54,830 |
| Psychological Damage | Moderate (c) | Problems managing life and work, but the prognosis is good. Work-related stress with symptoms that aren't prolonged. | £5,860 to £19,070 |
| Psychological Damage | Less Severe (d) | The duration of the disability and the extent that your daily life was affected will be considered. | £1,540 to £5,860 |
| Anxiety Disorder | Severe (a) | Permanent effects that prevent the return to employment. Life has been badly affected in all areas. | £59,860 to £100,670 |
| Anxiety Disorder | Moderately Severe (b) | Better prognosis with recovery and professional help. Significant disability for the foreseeable is toward the higher end of the bracket. | £23,150 to £59,860 |
| Anxiety Disorder | Moderate (c) | An almost complete recovery and the continuing effects are not significantly disabling. | £8,180 to £23,150 |
| Anxiety Disorder | Less Severe (d) | Practically fully recovered within one or two years. Minor symptoms only persist. | £3,950 to £8,180 |
Special Damages In An Accident At Work Claim
While you may be eligible for general damages for an accident at work, you could be eligible for special damages.
Unlike general, special damages cover monetary losses because of the injury, both present and future.
These can include-
- The cost of medication or therapy
- The cost of transportation to therapy or hospital appointments
- Loss of earnings/future earnings
It is essential that you provide evidence to prove the specific financial effects that the psychological injury has had. Examples include-
- Receipts of medication
- Bus/train tickets to show transport costs
- Bank statements to show the loss of earnings from work
These items will all demonstrate your psychological injury at work and strengthen your case.
Our Solicitors Could Help You Make A No Win No Fee Claim
If you choose to work with a work accident solicitor, a No Win No Fee agreement could offer you access to their services without paying upfront fees. You could be offered a kind of No Win No Fee agreement called a Conditional Fee Agreement.
Under this kind of agreement, you also generally won’t pay your solicitor any ongoing fees. Furthermore, if your claim isn’t a success, you usually won’t pay them for the work that they have done.
Your solicitor will take a success fee from your compensation if your claim is successful. This fee is capped by law, meaning you cannot be overcharged.
Contact Us For Free Legal Advice About Psychological Injury Claims
If you’d like to know more about the process of claiming compensation for a psychological injury at work caused by negligence, then you can speak with an advisor. If an advisor feels that your claim is valid, then you could be connected with a lawyer.
You can contact us in the following ways:
- Call us on 0800 073 8805
- Start your claim by completing the form on our website
- Write to us online by using our live chat bubble to start the conversation
Learn More About Claiming For A Psychological Injury At Work
If you liked our guide on claiming for psychological injury at work, there are more of our useful pages below-
For external resources providing more information, you are welcome to explore the links listed here-
- Mental Health In The Workplace – Guidance from the Health and Safety Executive
- Stress and PTSD At Work– Information from the government
- Returning to Work After Mental Health Issues– A guide from the NHS
Writer Emily Moon
Publisher Fern Strauss