Guide to Making a Stress at Work Claim

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At Oakwood Solicitors, we understand how overwhelming work-related stress can be and the toll it can take on your mental and physical health.

If you’re struggling due to excessive stress at work, you may have the right to pursue a legal claim. Employers have a duty of care to protect their employees’ well-being, and when they fail in to do this, you may be entitled to compensation.

Stress at Work Claim

Here’s our comprehensive guide to help you understand how to make a stress-at-work claim with Oakwood Solicitors.

What is a Stress at Work claim?

A stress at work claim is a type of legal action taken when your employer’s negligence or actions have caused excessive stress, leading to mental health issues such as anxiety or depression. At Oakwood Solicitors, we can help you pursue either a personal injury claim or a constructive dismissal claim, depending on your situation.

Personal Injury Claims: If your stress has resulted in a diagnosable mental health condition.
Constructive Dismissal Claims: If the working environment has become so intolerable that you’ve felt forced to resign.

Criteria for a Stress at Work claim

To successfully claim for stress at work, the following must be proven:

Duty of Care: Your employer owed you a duty to safeguard your mental health.
Breach of Duty: They failed to act on or prevent the foreseeable risks of stress.
Psychiatric Injury: You’ve been diagnosed with a recognised psychiatric condition, such as depression or anxiety.
Causation: There is a direct link between your condition and your employer’s breach of duty.

Common causes of Work-Related Stress

Many factors can contribute to excessive stress at work, including:

Unmanageable workloads
Bullying or harassment
Lack of support from colleagues or management
Unreasonable deadlines
Unsafe working conditions

At Oakwood Solicitors, we have extensive experience helping clients whose mental health has been affected by this.

Steps to take before making a claim

Before starting a formal claim, there are some steps you should follow to help support your case:

Raise Your Concerns: Notify your employer of your stress, either formally through a grievance or informally with HR or your line manager. Document every instance of communication – writing a diary can help you log this.
Seek Medical Help: Visit your GP or a mental health professional to document your condition and the impact the stress is having on your health.
Keep Records: Save copies of any relevant emails, memos, or other documentation showing how your workload or work environment has contributed to your stress.

Contact Oakwood Solicitors for expert legal advice

If your employer fails to address the issue after you’ve raised your concerns, or if the stress persists, it’s time to seek legal advice. Oakwood Solicitors can assess your situation and help you determine if you have a valid stress at work claim.

We offer free, no-obligation consultations, during which our experienced employment and personal injury solicitors will discuss your case, explain your legal options, and guide you through the next steps.

Filing a Personal Injury claim for Work-Related Stress

If your employer’s negligence has led to a psychiatric illness, you may be able to make a personal injury claim. We will help you gather the necessary evidence, including medical records and proof of employer negligence, to strengthen your case.

Time limits: You have three years from the date of diagnosis or from when you first became aware of the link between your illness and your work conditions to make a claim.
Compensation: You can claim for:
- Psychiatric injury
- Loss of earnings
- Medical treatment costs
- Future financial losses related to your condition

Pursuing a Constructive Dismissal claim

If you feel forced to resign due to the unbearable stress your employer has caused, you may have grounds for a constructive dismissal claim. This requires demonstrating that your employer’s breach of contract was so serious that it left you no choice but to resign.

Time limits: Constructive dismissal claims must be filed within three months of your resignation.
Compensation: You can claim for loss of earnings, future earnings, and other associated damages.

Gathering evidence for your claim

To give your claim the best chance of success, you will need to provide strong evidence, such as:

Medical records: To confirm the diagnosis of a psychiatric condition.
Workplace documentation: Emails, reports, or grievances showing your employer’s awareness of the situation.
Witness statements: From colleagues who can corroborate your claims about working conditions.

At Oakwood Solicitors, we will work with you to collect and present this evidence, ensuring your case is robust.

What compensation will I get?

By making a stress at work claim with Oakwood Solicitors, you may receive compensation for:

Psychiatric illness
Lost wages or reduced earning capacity
Medical treatment and rehabilitation
Future financial losses

In many cases, claims are settled out of court through negotiations with your employer, but we are always prepared to take your case to court if needed.

Why Choose Oakwood Solicitors?

At Oakwood Solicitors, we understand the emotional and physical toll work-related stress can cause. Our experienced team of solicitors will provide you with expert legal advice, compassionate support, and a professional service throughout the claims process.

With a strong track record of securing successful outcomes for our clients, you can trust us to handle your case with the care and dedication it deserves.

No-win, no-fee: Our stress at work claims are typically handled on a no-win, no-fee basis, so there’s no financial risk to you.
Expert support: We’ll guide you every step of the way, from gathering evidence to negotiating a settlement.

How to make a claim

If you’re suffering from stress at work, don’t wait until your health deteriorates further. Contact Oakwood Solicitors today for a free consultation, and let us help you get the compensation you deserve.