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  • Stress At Work Claims

Stress At Work Claims

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It’s not unusual for professionals to feel a manageable amount of pressure or stress at work from time to time, especially if your job carries a lot of responsibility.

Your employer has a duty to monitor and consider the impact of work-related stress, particularly if they’ve already been put on notice that work stress has been harming your health. If they fail to take steps to act, and it impacts your mental or physical health significantly as a result, you could make a stress at work claim for compensation.

Our specialist workplace illness solicitors can help professionals to make a claim for work related stress if your employer hasn’t taken steps to reduce your stress after they’ve been told your health was suffering as a result. This needs to be supported by your documented information through emails you may have sent, your copies of your one-to-ones, or even your personal journal entries.

We can represent people in professional roles, such as:

  • Doctors, nurses, and NHS managers
  • Solicitors and other legal professionals
  • Pilots and aviation industry management
  • Accountants and financiers
  • Executives, directors, senior and middle management
  • Marketers
  • Recruitment
  • IT Professionals.

This isn’t an exhaustive list. If you hold a professional role in a different sector, we may still be able to help you. Contact us today to discuss your situation and we’ll advise you on whether we can represent you.

We offer a tailored personal injury claim service for professionals and executives who have experienced work-related stress, whether due to overwork, lack of support, bullying, or unfair treatment. We specialise in cases where employers have neglected their duty to protect their employees in times of excessive stress.

Work-related stress is a major cause of work-related absence in the UK. The Health and Safety Executive reported 338,000 new cases of work-related stress, anxiety, and depression in 2023.

In some professions, stress at work is particularly problematic such as the medical profession and the law. The NHS Staff survey 2023 with 42% of all staff saying they felt unwell because of work-related stress. Doctors in particular experience high levels of stress with 62% reporting suffering with depression, anxiety, stress, burnout, and emotional distress, and being three-to-four times more likely to die by suicide than the general population.

Legal professionals also experience high levels of stress. A 2019 survey of the profession reported that almost 66% of solicitors were experiencing high levels of stress and 76% felt that stress and mental wellbeing was a major issue in the legal profession.

Why choose Irwin Mitchell to handle your stress at work claim?

We’ve one of the UK's largest personal injury teams. Our specialist solicitors have decades of experience in successfully representing professionals in stress related personal injury claims. We’ve worked on a huge range of different cases, giving us a unique set of expertise in getting our clients the outcome they want.

We believe passionately that workers have the right to expect to be kept safe from harm at work. If your employer hasn't protected you from risks in the workplace, we'll fight for the compensation you deserve.

Helping you gain access to rehabilitation treatments that support you in dealing with your illness is also an essential part of our service. Our dedication to making sure our clients get the medical support has seen us win the Claimant Solicitor of the Year award at the Post Magazine's Rehabilitation First Awards seven times.

We’ve connections with independent experts such as consultant psychiatrists and psychologists who can give evidence support your work-related stress claim.

Aside from our legal expertise, we also offer an in-house counselling service to support you through this stressful time.

Our personal injury solicitors are highly praised by legal guide, The Legal 500, which ranks us in the top-tier for personal injury claims. They state: “Irwin Mitchell remain the market leader for personal injury. Boasting a big team of top lawyers across the entire country they are unparalleled in the scope of work they do. Top lawyers with expertise in every niche PI area means that there is no case they can’t handle.”

Chambers and Partners, another leading legal guide, also holds our personal injury team in high regard. They feature a client testimonial who stated: “I find the team to be both methodical and innovative in its approach, demonstrating a high level of knowledge of both clinical and legal issues and being comfortable expressing these concepts in lay language.”

No Win No Fee*
Help from support and rehabilitation specialists
Experienced workplace illness solicitors
Offices across the UK

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More information on stress at work claims

Certain criteria must be met before you can make a claim for work-related stress.

We’ll need to know:

  • Did your employer know your working conditions were causing you stress before you became ill?
  • Do you have time-stamped communications to show what your employer knew?
  • When and how you raised your issue with them, did they take any steps?
  • How did your situation affect your life?

These four things will help us establish if you have a claim.

Assessing what your employer knew or should’ve known about how your working conditions were damaging your health is a complex process.

We’ll also need to see what steps your employer took to ease your stress. We must prove that your work stress made a material contribution to the illness you developed.

Once we establish that they failed in their duty of care to you, and that it contributed to your illness, it'll be easier to get you the compensation you deserve.

We understand that it can be a daunting idea to raise the issue of being stressed at work to your employer. But if you feel your job is impacting your health, it’s their responsibility to make adjustments to ease your stress. For them to do this, you’ll need to speak to them and your GP about the type of stress you’re experiencing, the reasons behind it, and the toll it’s taken on your health.

Common reasons for making a workplace stress claim include:

  • Unmanageable workload
  • Unreasonable deadlines
  • Unreasonable or excessive work hours
  • Unreasonable changes to your responsibilities
  • Lack of support from your employer
  • Bullying or harassment by individual colleagues.

Each stress at work claim is unique. So, the amount of compensation awarded differs from claim to claim. The amount of money you may be entitled to will be calculated based on:

  • The effect your stress at work has had on your mental/physical health
  • Any treatment or support you’ve had to pay for
  • Any loss of earnings and benefits you’ve experienced
  • Whether you are able to return to work in the future and in what capacity
  • Any other financial losses you’ve incurred such as private therapy costs.

The best way to find out about how much your work-related stress claim could be worth is to contact us. Once we know more about your situation, we’ll be able to advise you how much you could claim.

Due to the legal framework and proportionality of legal costs, we’re unable to take on claims valued below £100,000.

We work to make the process as simple as possible when making any type of personal injury claim. We’ll handle all areas of your claim so you can focus on self-care.

The claims process normally follows four stages:

1. Gathering information

We’ll investigate who was responsible for your illness, in this case, your employer. We’ll collect occupational health and personnel records, reports, emails, and medical records to support your claim. We’ll also investigate HMRC employment records speak with any co-workers who may be able to give evidence that backs up your claim.

One of our medical specialists, usually a psychiatrist, will give you a medical examination. This can also serve as evidence.

2. Rehabilitation

Our in-house support and rehabilitation coordinators are trained clinical specialists. They’ll identify if you have any needs as a result of your illness. Our connections with charities and support groups around the UK means we’ll be able to get you help and rehabilitation that’s close by for you.

Stress-related illnesses may be for life, but medications and physical therapies could help you to manage your symptoms. We can help you to access these.

3. Compensation

We’ll work out how much compensation you should get based on:

  • The severity of your illness
  • Any medical expenses you have, both now and in future
  • Your occupation and the impact the illness has had on your ability to work
  • Your pain and suffering

We’ll put the case to your employer, who may accept blame or challenge it. If they challenge the claim, we’ll initiate court proceedings. Most claims are settled without going to court, although if this does happen, we’ll be with you every step of the way.

4. Conclusion

If your claim is successful, you’ll be awarded compensation. Most of our fees will be paid by your opponent, a portion of your compensation will cover the rest.

Contact us today about making a stress at work claim.

You normally have three years from the date of becoming aware your illness was potentially linked to your job.

If your illness occurred while you were working outside of the UK, the time limit may be shorter.

We always advise you to contact us as soon as possible. The earlier you make a claim, the fresher the events will be in your mind and easier it is for us to gather evidence.

We may be able to offer a conditional fee agreement in work-related stress claims, although is dependent on the case.

It’s always best to speak to us about your situation. Once we’ve assessed your circumstances, we’ll be able to advise you on the funding options available to you.

Frequently Asked Questions

How do you prove stress at work?

Proving work-related stress has had a direct impact on your health can be complicated, but it is possible. We’ll need to be able to prove that your employer knew or should’ve known about your situation and failed in their duty of care to improve your working situation.

One way of doing this is through any emails or written communication you’ve had with your employer regarding your stress at work. Occupational health guidance or internal investigation reports are equally useful for this. These can be used to show they haven’t made necessary adjustments to address your stress.

If you visited your GP or a therapist about the impact workplace stress was having on you, this can also be useful evidence.

We can use independent medical experts to show a link between your work stress and your health. These include psychiatrists, psychologists, and occupational health specialists. With your permission, we’ll also reach out to any colleagues who can support your claim.

What are my employer’s responsibilities if I’m stressed at work?

Under the Health and Safety at Work Act 1974, employers have a duty of care to their employees to protect them from workplace stress. They also owe their employees a duty of care in civil law.

If you’re experiencing excessive stress, your employer should find ways to reduce this. Steps your employer could take to reduce your stress at work include:

  • Reducing or adjusting your working hours
  • Reducing or adjusting your workload
  • Giving more flexibility in where you work, if possible
  • Giving you extra support or supervision
  • Arranging counselling for you
  • Properly investigating and resolving any harassment or bullying you’ve experienced.

If you’ve raised the issue of being stressed at work to your employer and they take no action, this could have an impact on your mental or physical health. It’s in these cases where you could make a stress at work claim for compensation.

Can my employer fire me for making a stress at work claim against them?

Providing your claim is based on the truth, your employer can’t fire you for making a claim against them. Regardless of whether your claim’s successful or not, they’d be breaking the law if they dismissed you unfairly. If this does happen, you can make a claim for unfair dismissal.

By the same token, your employer can’t demote, discipline, or stop you from applying for a promotion if you make a claim against them. This would count as discrimination, which you can also make a claim for.

We advise you to speak to us in a free initial consultation to discuss your situation. If you choose to claim for discrimination, you won’t be able to claim for stress at work as they’ll both be based on the same evidence. Our legal experts will listen to your circumstances and advise you on what we believe would be in your best interest to claim for.

Related Information - Stress At Work Claims

Industrial Illness Claims Guide Answers to some of your frequently asked questions concerning workplace illness claims
Harassment & Bullying Claims Our team can help you if you're facing harassment or bullying at work
CounsellingIf you're feeling overwhelmed, our in-house Counselling team is here for you
Employment Law We could help if you're facing issues with your current or former employer

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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