If as a result of stress which you have experienced at work you have been diagnosed as suffering from a recognised psychiatric condition then you may be entitled to seek compensation.
However these cases are extremely difficult to prove and can be very draining on the injured party.
In order to succeed in a claim for Stress at Work it is necessary to prove ALL of the following:-
- That you have be diagnosed with a recognised psychiatric illness
- That the employer breached their duty of care. To prove this you will need to show that your employer failed to do everything which was reasonable to keep you safe from injury.
- That your work/working environment created a real risk of leading to the development of a recognised psychiatric condition, and that the employer knew or ought to have known that you were exposed to such a risk.
- That the employer knew that the difficulties/stress which you faced at work were so severe as to cause a imminent risk of psychiatric illness.
- That the psychiatric injury you suffered was caused by your work and your employers breach of duty, and not by any other cause.
If your employers have been notified previously that you were struggling to cope then they should have investigated the problem and sought resolution. If they failed to do so and you went on to develop the recognised psychiatric condition then you may be entitled to compensation.
It is however essential to show that your employers failed to protect you and as a result you developed a psychiatric injury. For them to protect you they must have prior knowledge of the difficulties which you were facing and of the effect these difficulties were having on your health.