Stress at work can be a very subjective experience. While some people may experience no stress at all in a certain situation, another person may experience debilitating stress that leads to other health problems, including physical illnesses.
In fact, stress at work and mental health problems can often go hand in hand, and the symptoms can overlap or even exacerbate each other.
When people are dealing with mental health problems, they usually find their own coping mechanisms or follow others recommended to them. Workplace stress can disrupt these coping techniques and make mental health problems more difficult to control, thus affecting your daily life.
Stress can be harder to prove than other workplace claims such as with accidents at work but you should not let this stop you from investigating whether or not you have the grounds for a claim and consider what is best for your mental health.
Workplace stress claims
There are criteria to be met before you can begin filing a workplace stress claim.
First, identify whether or not your employer has conducted adequate risk assessments. Your employer is obligated by law to perform a risk assessment at work that account for stress. The results from these assessments must be shared with employees and used by management to mitigate potential risks.
If you believe that your employer has not carried out sufficient risk assessments then this may account for workplace negligence.
In the event that you experience stress and it starts making you ill then you should seek help from your employer and your GP. This is important because with stress at work claims you will be massively advantaged if you receive evidence of a legitimate medical diagnosis and are signed off from work with stress.
Your employer should then begin implementing reasonable changes like lowering your workload or providing you with the chance to attend additional training sessions to help you handle situations more confidently in the future and ease you back into the workplace.
If your employer does not make any accommodations to help reduce your stress levels, despite being made aware of the issue, you may be able to make a workplace stress claim.
However, if you do not disclose that are you having problems with stress then your employer will not be expected to make any changes for you and therefore you will likely not be able to make a claim.
Your case will likely rely on you providing proof that your employer’s negligence led to your stress. Evidence may include:
- Examples of stress or other stress related illnesses in other employees
- Written, photographic, or recorded evidence of inappropriate communications that led to stress
- Photographic evidence of any stress inducing elements of your workplace
- Proof that your employer is knowingly flouting any stress at work risk assessments
Average pay out for stress at work
The average compensation for stress at work related claims can vary depending on many individual factors including the severity of your stress and if it leads to other health problems.
At the lowest end of the scale, with stress deemed to be minor and there being no long-term health problems, compensation could be anywhere between £1400 to £5500.
The most severe stress at work claims where your relationships outside of work are affected and you develop long-lasting symptoms can anywhere between £51,460 to £108,620.
Successful stress at work claims
We will provide you with some examples of where you may have the grounds for a successful stress at work claim. This list is not exhaustive and we strongly advise you to get in touch with our expert lawyers at Brown Turner Ross for tailored advice to your individual case.
- If you are frequently bullied or even assaulted at work, whether physical or verbal, and you develop anxiety over being in the workplace
- If you receive an unrealistic amount of work from your employer with strict deadlines that mean you have to work excessive hours and lose out on your rest periods outside of work
- If you have a protected characteristic under the Equality Act 2010 and your employer refuses to make reasonable changes to the workplace for you
About our stress claim solicitors
If you experience unreasonable levels of stress at work due to the negligence of your employer then you should seek legal advice as soon as possible before your health deteriorates any further.
Our team of employment lawyers at Brown Turner Ross are knowledgeable in all aspects of employment, personal injury, and mental health law, and will be by your side and support you through the entirety of your claim to get you the outcome that you rightly deserve.
FAQs
Can you claim for stress at work?
Yes, you can claim compensation for experiencing stress at work. Your employer is legally required to provide a safe place of work and to protect their employees. This includes from stress and other mental health concerns.
Therefore, if you develop excessive stress at work, and especially if this leads into other health issues, then you will be entitled to claim compensation against your employee for negligence.
How to file a stress claim at work?
Your first step to filing a stress at work claim is to contact an experienced and trustworthy lawyer like ours at Brown Turner Ross. A good lawyer will be someone who will listen to you and your circumstances and advise you on what steps you have moving forward.
Can I sue my employer for stress and anxiety?
Yes, if you can provide evidence that your employer’s negligence has caused you to develop stress and anxiety then you can claim compensation against your employer.
This includes if you had either as a pre-existing condition that was made worse by your employer’s negligence.
Can I get compensation for anxiety?
You can receive compensation for anxiety, provided that you can successfully prove it was caused by your employer’s negligence.
The compensation you could receive will range from anywhere between £1400 to over £100,000.
Can I sue my employer for false promises?
Yes, you can sue your employer for making false promises. False promises and fraudulent inducement are serious issues and should be taken seriously by you and your employer. They are often classed as a form of fraud but can also be a factor in a build up of stress and anxiety.
One good thing about false promises is that they are sometimes relatively easy to prove. For example, you may have some false promises written into your contract, or you may receive false promises over email or in writing.
However, you can still sue your employer for false promises made verbally or through a spoken contract.
Does my employer have a responsibility to manage stress at work?
Yes, your employer is required to provide you with a safe place to work and this includes managing your stress levels.
Your employer is required to perform stress-related risk assessments and make the findings available to all employees.
Finding evidence for these risk assessments can be troublesome if your work has less than five employees because then the risk assessments do not need to be put in writing.