What is Work-Related Stress and how to make a claim – Stress Awareness Day 2023

Stress Awareness Day is here to highlight how stress can affect your life in different ways and how you can get help.

Stress can affect people differently, whether that be at home, work, physically, or psychologically. Read part one of this two-part series here.

Every person will have different triggers of stress which means that what causes stress in one person, might not trigger another. But according to mental health charity Mind, some of the most common causes of stress include relationships, finances, work, and bereavement.

Everyone goes through stressful periods of their life, but in some cases, like if you’re suffering from work-related stress, you might need to get further help or take your case further.

What is work-related stress?

Work-related stress, otherwise known as Stress at Work is defined by the Health and Safety Executive (HSE) as ‘the adverse reaction people have to excessive pressures or other demands placed on them.”

In its manifestation, stress is not an illness – it is a natural human reaction, but if this reaction is prolonged over a long period of time it can lead to a significant impact on someone’s mental health. Employers have a legal obligation to take measures to support both the physical and mental well-being of staff under the Health and Safety at Work Act 1974.

Causes of work-related stress

Everyone goes through periods of stress at work, but prolonged periods of intense stress from your workplace can lead to burnout. The NHS website outlines seven main causes of work-related stress.

These seven main areas may cause work-related stress or issues if not well managed:

• A lack of control of workload
• High demands on time and energy and lack of clarity about responsibilities
• Fear of redundancy or changes
• Poor line management and lack of support
• Difficult relationships with colleagues
• Bullying or harassment in the workplace
• Workplace discrimination

Symptoms of work-related stress

Like all stress, work-related stress manifests itself differently in each person. However according to ACAS , symptoms can include the following:

• Poor concentration
• Difficulty making decisions
• Short-tempered or irritable
• Tearful
• Tiredness/fatigue
• Low mood
• Isolating/avoiding social events
• Heart disease
• Back pain
• Digestive conditions like irritable bowel syndrome
• Skin conditions

What do I do if I am experiencing work-related stress?

Firstly, the most important thing is to prioritise your own health before  any financial claim if you are concerned about how you are coping with stress at work. Experts at Oakwood Solicitors encourages you to speak to your doctor or GP regarding your mental ill-health.

Try to talk to someone you can confide in and who can help in before an issue escalates at work. It’s not the employer’s job to diagnose or treat stress, but they will be able to direct you to internal support programs available or advise how they can help.

If you have been battling these issues quietly, explain the problems you are facing at work in a calm and professional manner to your employers.

If you later consider making a claim, having a record of work issues raised can be useful. If you feel as though you have tried to bring your employer’s attention to your issues, but you are still suffering from stress at work, legal experts would be happy to discuss the matter further with you.

The law around Stress at Work

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

What are the criteria for a stress at work claim?

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 so, you would be able to claim compensation known as general damages – compensation for the pain and suffering you have endured as a result of the negligence.

If the symptoms meet the criteria, the court uses guidance called the Judicial Studies Board Guidelines (JCG) as a starting point, which takes into account the following:

• The injured person’s ability to cope with life and work
• The effect on the injured person’s relationships with family, friends, and those with whom he or she comes into contact
• The extent to which treatment would be successful
• Future vulnerability
• Prognosis
• Whether medical help has been sought

How much is my claim worth?

The section of the Judicial Studies Board Guidelines (JCG) covering psychiatric injury claims 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 trialed 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 to support me with my stress at work claim?

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.

Jessica Rowson, our director and head of Psychiatric Injury says:

“Claims for stress at work are complex, but we are here to help you navigate your legal options on a free assessment basis if you think you may need some advice.

“We are happy to review any claim enquiry on a confidential basis and provide feedback on your claim options.”

Further reading

Part one of article series

Stress at work claims – Oakwood Solicitors

WHAT TO DO NEXT

Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.