Stress Claim Solicitors
It is a well known fact that stress causes all sorts of illness. There are many medical schools of thought that prolonged stress can even cause debilitating illnesses such as fybromyalgia. Sadly, legal action to bring a claim for compensation for a stress induced illness can only commence once the (sometimes irreversible) damage has been done.
Stress claims are notoriously difficult to pursue as there are many hurdles to overcome. Under current law, employers should provide a safe place to work, safe plant and equipment, a safe system of work and reasonably competent fellow employees. Failure to do so may be used to prove fault and negligence by the employer. The basic principles we will want to consider are:
1. Can you prove the conduct that caused the stress related condition actually took place? (e.g. bullying)
2. Should your employer have reasonably forseen that this conduct could have caused harm/injury?
3. Could your employer, by the exercise of reasonable care, have taken steps that would have avoided the harm caused to you?
There are a number of cases which have already been decided by the courts which have laid out further guidance for lawyers to use when pursuing this type of case:
Sutherland v Hatton
This involved a teacher who claimed to have been overworked by her employers. She also had personal problems at home and she was assaulted at work. This claimant was unsuccessful because she had given no indication to her employers of her inability to cope at work.
Young v The Post Office
The claimant in this case was a manager who went off work with stress and returned with a more flexible arrangement. However, when he stood in for a manager who was on holiday from work he was exposed to more stress. The claimant in this case was successful in pursuing a claim as the courts said his employers should have taken more care to monitor his work.
Barlow v Borough of Broxbourne
The claimant was an acting director of services who was sworn at by his supervisor in front of other colleagues. You would think this would be enough to succeed in a claim but because the courts did not consider the claimant to be particularly sensitive and his employers had a counselling service he could have taken advantage of, the claimant lost his case.
Every case is different but to succeed with a claim for stress you will need to show that you have taken steps to alert your employer to the stress you are under and you have sought medical help by way of counselling or other medical advice/treatment.
However, whatever the circumstances of your claim, we at JS Miller are here to listen and do what we can to achieve justice and provide support to you whether we simply answer a few questions you may have or assist you in dealing with a full claim for compensation.
Mr Arora’s Story
One of our most proud achievements is the result we secured in 2012 for our client, Mr Arora. Having worked diligently for the local authority for a number of years, he suffered abuse and bullying from his co-worker that spiralled beyond comprehension. As with so many of our clients, he had been rejected by a number of law firms before he found our team of specialists.
If you want a team of caring and professional lawyers to achieve justice and support you through the claims process then call us now on or send us an email. Most cases can be conducted entirely online and over the phone. We can also arrange office, home or hospital visits for clients all over the UK , subject to the level of injury suffered. JS Miller Solicitors are stress claim solicitors who can help you with your case, call us today for some free independent advice.
Please note that the way personal injury claims are funded will change from 01/04/2013.From this date success fees and after the event insurance premiums are no longer recoverable from the Defendant if the claim is successful and are payable by the Claimant from their damages.If you have been injured in an accident and wish to make a claim and do not want to have to pay up to 25% of your damages in success fees please contact us immediately.
Please be aware because of the bank holiday we will not be able to obtain insurance or take claims under the old regime (i.e. where no deductions are made from your damages) after 12pm on 28/03/2013