Have you suffered a psychological injury at work and are wondering if you could claim? If your injuries were caused by employer negligence, you could be entitled to receive compensation.
This guide will aim to answer questions such as:
- How can I claim for injury at work?
- What is the injury at work claim time limit?
- How can I support my workplace accident claim?
We will aim to answer all of those questions in this guide while also informing you on the workplace injury compensation you could be entitled to if your claim is won. Additionally, we will explore the benefits of using accident at work solicitors and the advantages they can offer.
If you would prefer to speak directly to an advisor from our team, you can do so. To get in touch:
Choose A Section
- Can You Claim For A Psychological Injury At Work? – A Guide
- What Could You Receive For A Psychological Injury At Work?
- Psychological Injury At Work – Do Employers Owe You A Duty Of Care?
- Potential Evidence In Work Injury Claims
- What Are The Benefits Of Claiming For An Accident At Work On A No Win No Fee Basis?
- Read More About Claiming For A Psychological Injury At Work
Psychological injuries at work can vary in nature and severity. Injuries sustained as a result of employer negligence could range from mild anxiety to serious Post-Traumatic Stress Disorder (PTSD) that affects the way you live your life for the foreseeable future.
The seriousness of the injuries you suffer due to negligence at work will, in part, determine how much compensation you could be owed in the event of a successful claim. Other factors that could be considered include the value of any financial losses or costs you have incurred as a result of your injuries.
It must be remembered that to make a successful psychological injury at work claim, you must be able to prove that your employer breached the duty of care that they owe you. This must also have led directly to your injuries.
If you would like more information as to what may lead to an employer negligence claim, please get in touch with a member of our team.
The accident at work compensation you could be awarded can be made up of two “heads”. Each of these heads could compensate you for a different way that your injuries have impacted you.
You could be paid general damages for the physical and psychological pain and suffering you endure as a result of your injuries. This could include the psychological impact of a physical injury.
For example, you could receive a payout for a broken leg injury. If this injury also prevents you from exercising, something you do to relieve stress, and increases depression, this could be taken into account when your settlement is valued.
We have included a table below, made up of compensation figures from the Judicial College Guidelines (JCG). The JCG is a publication that various legal professionals use to assist them when assigning values to personal injury claims.
These figures should only be used as a guideline. This is because each personal injury claim is unique, and your potential settlement could differ depending on the specifics of your case.
|Mental harm||Severe||£54,830 to £115,730||The injury causes hardship dealing various factors of life (for example, education and employment). Very poor prognosis for recovery.|
|Mental harm||Moderately Severe||£19,070 to £54,830||Severe problems coping with factors of everyday life, such as employment and education. More optimistic prognosis than in more extreme cases.|
|Mental harm||Moderate||£5,860 to £19,070||Regardless of a better prognosis, the injured person will still find it difficult to cope with factors of everyday life including work and education.|
|Mental harm||Less Severe||£1,540 to £5,860||The payout for this bracket is based on the impact on lifestyle and how long the injured person was disabled for.|
|Anxiety disorder||Severe||£59,860 to £100,670||Includes permanent symptoms that prevent the injured party from taking part in everyday activities or functioning at anything close to pre-trauma level.|
|Anxiety disorder||Moderately Severe||£23,150 to £59,860||It's anticipated that the injured person will make some recovery with professional help. However, they will be disabled for the foreseeable future.|
|Anxiety disorder||Moderate||£8,180 to £23,150||Regardless of the injured party making a largely complete recovery, there will be ongoing effects. However, these will not cause gross disability.|
|Anxiety disorder||Less Severe||£3,950 to £8,180||An almost full recovery has been made within a 1-2 years of the incident.|
|Mental Anguish||N/A||£4,670||Fear of impending death or of a reduced expectation of lifespan.|
Special Damages In Psychological Injury Claims
Moreover, special damages could also be included in your psychological injury at work compensation. This head of a claim compensates you for the monetary impact of the accident in which you were injured.
For instance, if you suffer from post-traumatic stress disorder, you may be unable to work. The loss of earnings this results in could be reimbursed through special damages.
This head of a claim could also account for:
- Home adaptations that you need to cope with your injuries
- Medical expenses
- Care costs
- Travel costs to and from medical appointments
It can be useful to keep a record of all financial losses; without proof, you might not be fully compensated. For example, payslips could demonstrate a loss of earnings, or you may have received an invoice after having a stair lift installed in your home. An advisor from our team can offer you a more detailed analysis of how much you could be owed if you get in touch.
The duty of care that all employers owe their employees is outlined in The Health and Safety at Work etc. Act 1974. As per this central piece of workplace health and safety legislation, your employer must take reasonable steps to ensure the safety of the workplace, environment, equipment and facilities.
Below, we have included some examples of how negligence could cause an accident at work:
- Your employer fails to signpost a spillage despite having a reasonable time to do so. Consequently, you slip and fall on the wet floor and suffer a broken leg injury. The impact this injury has on your lifestyle may lead to an increase in stress and cause you to be depressed.
- A colleague of yours is involved in a fatal accident after being instructed to operate a forklift without the necessary training. As a result of you witnessing the incident, you develop PTSD.
If you have been involved in an accident caused by negligence and would like to know whether you can claim for a psychological injury at work, feel free to contact an advisor. If your claim is valid, they could connect you with a No Win No Fee solicitor from our panel.
As previously stated, you must be able to prove that you were subject to employer negligence and that it caused injuries in order to be able to make a successful claim. There are various kinds of evidence for a personal injury claim that you could provide.
This could include:
- Documents – For example, filling out the accident at work book could generate a record of the accident
- Medical records – you could keep a record of any diagnoses you’ve received, treatment you have undergone or medication you have been prescribed
- Witness statements – Gather witnesses’ details for statements to be taken at a later date
- CCTV – Acquire CCTV evidence of the incident if it exists
- Photographs – Take pictures of your injuries and/or the scene of the accident.
Moreover, you must begin your accident at work claim within the time limit. The time limit is found in the Limitation Act 1980, and is generally three years from the date the incident occurred. However, there are some exceptions.
For guidance on the time limit that could apply in your circumstances, speak with an advisor today.
You may wish to be represented by a solicitor but are concerned about the cost of paying them upfront or as your claim progresses without any guarantee of a payout. If this is the case, you may find it beneficial to secure representation with a No Win No Fee agreement in place. A Conditional Fee Agreement is a specific kind of No Win No Fee agreement that you could be offered.
A Conditional Fee Agreement means that you do not generally have to pay any legal fees upfront or while your case is ongoing. Furthermore, you are not usually required to pay for the services your solicitor provides if your case is lost.
However, if your case is won, you will have to pay a success fee that is capped by law. This will be deducted from the payout you are awarded by your solicitor.
One of our advisors can tell you whether you qualify to be represented on this basis. Please do not hesitate to get in touch for free legal advice about a psychological injury at work claim.
Contact Us For Free To See If You Can Claim For An Injury At Work.
Our advisors are available to help 24 hours a day, 7 days a week to offer you support and guidance. If they judge you to have an eligible claim, they could connect you with a solicitor from our panel.
Furthermore, one of our solicitors can use their years of experience to cover all bases of your claim. This is important in getting the maximum amount of compensation that your circumstances entitle you to.
To get in contact:
We have included some of our own guides related to work injury claims:
- Back injury at works claims
- What are your rights after an accident at work?
- Personal injury solicitors near you
Additionally, we have provided you with further reading that could be useful regarding psychological injury claims:
- GOV – Information on Statutory Sick Pay
- HSE – Information on workers’ rights and responsibilities
- NHS – Stress guide
Thank you for reading our guide on what to do if you sustain a psychological injury at work because of negligence.
Writer Beck Patcher
Publisher Fern Stewart