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

While stress may be a daily occurrence in your workplace, when it causes you physical and psychiatric harm it becomes a personal injury that may have been avoided.

David Miers, a specialist work-related stress solicitor at Slater and Gordon Lawyers, explains what a work-related stress claim is and how it differs from a claim brought in an employment tribunal.

For confidential legal advice from a specialist work-related stress solicitor, call Slater and Gordon Lawyers today on 0808 175 7783, or contact us online at https://www.slatergordon.co.uk/contact-us/

Transcript:

By and large they tend to fall into two categories: overwork and bullying. In terms of overwork it’s 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 a failure for their employer to take steps to mitigate the risk to injury my client has become ill. The other type of claim, which I’m saddened to say is more prevalent these days is a claim for psychiatric injury caused by bullying and harassment in the workplace. And bullying and harassment can take two forms where somebody has been harassed and the definition of harassment is that the conduct has to border on criminal activity, so where someone’s been threatened with violence or abuse in the workplace and 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 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 a 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 incumbent upon 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 those events gave rise to a psychiatric injury, but I would bring it as a bullying case in the civil courts. So while the facts of the case are the same the way it is presented and the venue are different. And so, quite often, stress cases are employment cases but brought in a civil context.
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How Much is Your Personal Injury Claim Worth? Personal Injury Compensation in Western Australia

Information provided about the personal injury claim process by a Personal Injury Lawyer in Western Australia. The video focuses on quantum of a claim rather than liability as liability can differ from case to case.

Foyle legal is based in Malaga, Western Australia and practices in the areas of motor vehicle accidents, workers compensation, public liability claims, and criminal injury compensation. It also practices in leasing, contracts, wills, probate and guarantor advice.

The Director of Foyle Legal is one of a few lawyers in Western Australia who has practiced as both a claimant and defendant lawyer.

If you’d like to know more about Foyle legal, please visit us at: https://foylelegal.com/

For more information about personal injury compensation claim in Western Australia, please check out our personal injury page at: https://foylelegal.com/personal-injuries/

Foyle legal address: 6/2 Carson Road, Malaga, Perth, WA 6090
Foyle Legal contact number: 0408727343

Hello and thank you for visiting the Foyle Lega website. The topic that I’d like to discuss with you today is your personal injury claim. What I’d like to focus on is the quantum side of your claim, that’s how much you claim is worth rather than the liability side of your claim because liability difference from case to case. I’d like to discuss four key factors in a personal injury claim.

The first is medical treatment after your injury. The second is economic loss regarding your claim. The third is stabilization, now I know that’s a difficult word. I will explain more about what it means later on, and finally finalization of the claim.

As I said, the first point is medical treatment. Medical treatment is an integral part of your claim and it’s very important for the lawyers who are acting for you to accumulate evidence. For most people it means going to your general practitioner who will then send you off for radiological evidence and we’ll send you to a specialist. Medical evidence is usually used by the other side in personal injury claims to try and prove that your case didn’t happen as you said it happened and the your injury occurred as a result of something else.

Now I’d like to talk to you about economic loss. Economic loss can be a very significant part of any personal injury claim and your lawyer can help you talk to the taxation department and your employer to get documentary evidence of your loss.

As previously stated you need to get medical treatment in respect of your claim. Once you reach a stage where you require no further medical treatment or no further medical treatment would be effectual, you reach a stage called stabilization. At that stage you or your solicit can take your claim forward to settlement.

There’s an exchange of documents between the parties so that both parties have the same documents proceeding forward to trial. At this stage, your solicitor can organize an informal conference between the parties to try and settle the claim. In other cases it’s more appropriate to go forward with court proceedings. Your solicitor can advise you which one is more appropriate for your circumstances.

If you have a personal injury case that you would like to discuss. You can bring it to Foyle Legal and we’ll discuss it with you on an obligation-free basis so you’ll know how best to proceed with your case.

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7 Comments

  1. Learning to work with technology helped me to get a better understanding of how people are working and reacting to each other. I recommend Slack plugins like Moodbit that sends me regular reports on the team’s emotion through emotion-sensing AI technology.

    It's really helpful to detect the problem immediately and work on it rather than wait until the survey that comes once a year.

  2. 2 important personal issues what happened when I got hurt I didn't cause the injury and I should not have gone back to work after leaving hospital with no time off worked in a lot of pain with broken thumb carrying heavy equipment up stairs and ladders because I wanted to do the honest thing only to end up with no retirement money and regret please for god's sake I don't want to see any young person in this trouble if your not sure about something on a job step back and have a think to late when something goes wrong

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