Symptoms of Burnout

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In this article we look at what you should look out for if you think you might be suffering from work-related burnout.

As the end of the year approaches, we know that employers may put pressure on deadlines to be met before the Christmas break, or looming targets that need to be achieved before the new year.

Symptoms of Burnout

But reoccurring stress at work can lead to burnout. Burn out can affect your mental health when you’re both at work and in your home life and can be caused by a number of factors.

Some of the most common causes of burn out include unmanageable workloads, poor organisation, a lack of control over your work and no recognition or reward for your achievements.

Below we list six symptoms to look out for, as well as tips to keep your mental health on track.

Meanwhile, if you are suffering from stress at work, and your employer fails to help you find ways to alleviate the stress and then it develops into a mental health condition such as depression or anxiety as a result, you may be entitled to claim compensation.

Some symptoms of burnout may include the following:

Feeling physically exhausted/having low energy

When you do not get enough rest you will feel drained all of the time and the smallest of tasks suddenly feel much harder to do then you a heading towards burning out.

Feeling mentally and emotionally exhausted

As well as feeling physically tired being burnt out can affect your emotional state and cause you to experience moodiness, sadness, anxiety, impatience and even outbursts.

Low immunity and frequent illnesses

When you are feeling run down it is much easier to contract illnesses such as colds and flu. You are also more susceptible to heart problems.

Becoming withdrawn

When you are physically and mentally worn out it can be easy to neglect those around you such as friends and family. It is usually because you do not feel as though you have the energy to interact normally with them.

Becoming more negative

A result of being burnt out can mean that your outlook on life becomes somewhat bleak. It can be difficult to look at situations in a positive manner if you are physically and mentally worn out.

Poor work performance and absence

Because of all the above symptoms, you can find your performance at work suffering because you do not have the energy or the motivation to continue at your normal standards or because you simply do not feel able to go to work that day.

6 jobs most likely to lead to burnout

According to a study carried out by Vision Direct, these are the industries causing burn out among workers the most:

Education
Health care and social assistance
Finance and insurance
Government and public services
Hotel and food services
Construction

Burn out and Stress at work claims

If you are suffering from stress at work, you may be entitled to compensation from your employer.

To make a claim, the stress caused by the work issue must cause a period of illness, usually, this is a mental health condition such as depression or anxiety. A claim for stress itself cannot be made, only where the impact of the stress is significant and warrants a medical diagnosis.

Another element of claims for stress at work is that the employer in question must know about the issue. Often, employees under stress and pressure bottle up their symptoms and may feel unable to confide in anyone at work.

Although understandable, there is a legal requirement for a claim that the employer knows of the issue and has therefore had an opportunity to take action and help the employee.

When an employer knows that there is a work-related issue causing an employee to suffer stress at work, fails to take any (or any adequate) steps to help or support and the consequence of the failure to help is that the employee suffers from their mental health, a claim is likely to arise.

Stress at work and the law

There are 2 main pieces of health and safety law which cover work-related stress:

The Health and Safety at Work Act 1974 – puts a ‘duty of care’ on employers to protect their employees from the risk of stress at work
The Management of Health and Safety at Work Regulations 1999 – this requires all employers to make a ‘suitable and sufficient assessment’ of the risks to the health and safety of their employees at work.

This means that by law employers must:

Identify any risks to their employees’ health, for example by carrying out a risk assessment
Take steps to prevent or reduce work-related stress

Employers must also make sure they’re following the law on working time rules (Working Time Regulations 1998). This is because working long hours without regular breaks can cause work-related stress.

Stress at work – How to make a claim

To make a Stress at Work claim, you must legally prove that you have not only suffered workplace stress, but the stress meets the clinical criteria for a recognised psychiatric condition.

Employers have a legal obligation to make sure measures are in place to support staff from physical and mental harm.

If it can be proven that they have been in breach of the regulations, and you have suffered as a result, you could be entitled to compensation.

What steps should I take to make a claim?

If you are suffering from stress at work which is affecting your health, you may be entitled to claim compensation from your employer for the damages.

For a successful legal claim to be awarded, you must legally prove that you have not only suffered workplace stress but that the stress meets the clinical criteria for a recognised psychiatric condition.

If this is proven, you would be able to claim compensation known as general damages – an award for the suffering and potential lost income

How long do I have to make a stress at work claim?

Claims for psychiatric injury are subject to strict time limits, and you must have commenced proceedings within 3 years of your date of knowledge that you have suffered an injury as a result of work-related stress.

Usually, we advise that this time limit runs from the first time you seek medical advice from your GP, but limitation is assessed on a case-by-case basis.

There may also be separate allegations that can be made under the Protection from Harassment Act 1997 Act. Such allegations would be subject to a 6 year limitation period.

If you are unsure about your own time limit, we would be happy to help advise you if we are able to support you with a claim.

How much compensation for work-related stress?

The amount of compensation you are awarded depends on a case-by-case basis based on the severity of symptoms and impact on your life.

The section of the Judicial Studies Board Guidelines (JCG) covering psychiatric injury claims will be used a guideline, and has four compensation brackets:

Severe – The most extreme of cases, where the outlook for someone’s recovery is extremely poor (£54,830.00 – £115,730.00).
Moderately severe – Symptoms amount to a disability affecting someone’s life in a permanent or long-standing way, preventing a return to comparable employment (£19,070.00 – £54,830.00).
Moderate – Symptoms have affected daily life, work, and relationships but where medical evidence opines that good progress towards recovery will be made by the time of trial. The extent that treatment will assist recovery, alongside future vulnerability to relapse is also assessed (£5,860.00 – £19,070.00).
Less severe – Usually where the duration of symptoms are less than twelve months, and the extent to which the symptoms have affected someone’s daily activities and sleep is low level (£1,540.00 – £5,860.00).

Most cases of this nature fall within the moderate or moderately severe categories. The court considers similar trialled cases to determine where a case may fall regarding the compensation bracket.

Post-Traumatic Stress Disorder (PTSD) cases – the court has additional separate guidance from the above.
Special damages – Can cover out-of-pocket expenses such as lost earnings, travel, medication and treatment costs, etc. Claims for both past and anticipated future losses can be made. This list is not exhaustive and is very case-specific.

Why use Oakwood Solicitors Ltd?

Claims for psychiatric injury arising from work-related stress is a very complex area of law. At Oakwood Solicitors Ltd, we have a dedicated and specialised team to help you.

With the majority of the team having a qualification in mental health (a TQUK Level 2 Certificate in Awareness of Mental Health Problems), we fully appreciate the difficulties those suffering from a mental health condition at work may face, particularly in the case of workplace stress.

Whether it’s an ongoing or a historic issue, we are here to help and will carry out a free initial assessment with no obligation to take a claim forward.

Mental Health Charities

If you feel like you are struggling with your mental health, below are some charities and support groups that may be able to help you. Charities including Mind and Mental Health UK are on hand to offer support:

CALM

CALM is the Campaign Against Living Miserably, for men aged 15 to 35.

Telephone: 0800 58 58 58 (daily, 5pm to midnight)
Website: www.thecalmzone.net

Mental Health Foundation

Provides information and support for anyone with mental health problems or learning disabilities.

Website: www.mentalhealth.org.uk

Mind

Promotes the views and needs of people with mental health problems.

Telephone: 0300 123 3393 (Monday to Friday, 9am to 6pm)
Website: www.mind.org.uk

Samaritans

Confidential support for people experiencing feelings of distress or despair.

Telephone: 116 123 (free 24-hour helpline)
Website: www.samaritans.org/

Rethink Mental Illness

Support and advice for people living with mental illness.

Telephone: 0300 5000 927 (Monday to Friday, 9.30am to 4pm)
Website: www.rethink.org

Stress At Work: Symptoms of Burnout

In this article we look at what you should look out for if you think you might be suffering from work-related burnout.