Work-Related Stress | When does it become a personal injury claim?


by and large they tend to fall into two
categories overwork and bullying in terms of over working as you would
expect somebody has worked too many hours perhaps exceeding the hours
permitted or stated in their contract as a result of those additional hours and
the failure of their employer to take steps to mitigate the risk to injury my
client has become ill and the other type of claim which I’m saddened to say is
more prevalent these days is a claim of psychiatric injury caused by bullying
and harassment in the workplace and bullying and harassment can take two forms
where somebody has been harassed and a definition of harassment is that the
conduct has to border on criminal activity so where someone’s been
threatened with violence or abuse and the workplace that has given rise to an
injury or there are more traditional employment disputes between managers and
employees tensions between staff where somebody has given notice that the
behaviour that they’re complaining of is harming their health the employer then
has a duty of care to ensure that a risk assessment is undertaken and measures
are put in place to ensure that person isn’t being made worse or what fresh
injury doesn’t take place that person is still going home at the end of the day
feeling rubbish about themselves through no fault of their own and if that’s
brought to their employer’s attention the duty of care is combined upon and the
employer at that point to do something about it
claims for work-related stress are probably best considered a hybrid
between an employment claim and a traditional personal injury claim so for
example one of my employment colleagues might bring a racial discrimination case
in the employment tribunal but based upon the same facts I could bring a
claim if that if those events gave rise to a psychiatric injury but I would
bring it as a bullying case in the civil courts so whilst the facts of the case
are the same the way it is presented in the venue are different and so quite
often stress cases are employment cases but brought in a civil context

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