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Personal injury claim for stress

Discussion in 'Workplace dilemmas' started by Gardening Leaves, Mar 8, 2012.

  1. Gardening Leaves

    Gardening Leaves New commenter

    There is a lot of combined experience and knowledge on this forum including those who have brought claims. If you can gI've more information, being careful not to risk identitying yourself, we can do our best to support you.
     
  2. My union has sent me forms to complete for a personal injury claim for stress endured at work, mainly because of the lack of 'reasonable adjustments' suggested by OH, causing me to suffer stress and become ill. I guess the union think there is a case but don't know what this entails, likely outcome etc. Don't want to put too much detail in case of being identified.

    Any experiences or advice would be helpful.
    Thank you.
     
  3. Gardening Leaves

    Gardening Leaves New commenter

    No. If an action for personal injury is appropriate, the action can be brought whether or not you are an employee.
    Potentially, if the case actually went to court. Most cases are settled before that point is reached. It will be very distressing - that's the aspect of my case I am dreading - but the distress is indicative of how ill they have made you. I figure I can cope with a few hours of distress for the long-term benefit of getting justice for having been injured.
    My case has been 4 years so far. But that's very unusual and there are all sorts of reasons for the delay. Our claim is for harassment and conspiracy to harm, not personal injury, so it's more out of the ordinary.
     
  4. Vampyria

    Vampyria New commenter

    GL - Thank you so much for explaining the process of the claim. I know I ( and I've no doubt others ) have found this very useful. I think it helps enormously to know a) what options are available b) the process/stages and timespan involved beforehand especially when one is considering what action to take. I think not knowing what to expect can be equally daunting and offputting at a time when people are already very stressed!
    Gosh, I've learned so much on these forums, much more than from my union.
    OP Best of luck with your situation!
     
  5. Rott Weiler

    Rott Weiler Star commenter Forum guide

    In case Crowbob's comment is puzzling anyone, the post that was immediately before Crowbob's was the spam post by "Tedmartin" that Crowbob has quoted but I'd reported "Tedmartin" to TES Administrator shortly before and and the Administrator has now removed it!
     
  6. Crowbob

    Crowbob Established commenter

    Whoops! Sorry. I should have done that Rott Weilier [​IMG]
     
  7. I personally do not have any experience but you can easily find several attorneys by this forum .
     
  8. polly.glot

    polly.glot New commenter

    I looked into it after I had a work stress-induced breakdown at school. I was subject to an illegal disciplinary and later found that the head had apparently falsified evidence in my file to protect his back. The school was a place of bullying, lack of support and appalling lack of duty of care. My union solicitor advised me that the experience of the action is so distressing that it is hardly ever worthwhile. I wish now that I had pursued it.
     
  9. rosievoice

    rosievoice Star commenter

    Substitute the word fabricated for falsified, and my story is almost identical to Polly.glot's..
     
  10. According to my union you have to have a recognised medical condition e.g PTSD it is very hard to win a case for stress only. You also need VERY strong medical evidence according to my union. Apparently the opinion of my GP an Occupational Health Doctor or two psychologists isn't strong enough but then I have come to the conclusion my caseworker is an idiot.
     
  11. This isn't why we pay tax. Don't waste everyone's time. Act honourably and move on.
     
  12. casper

    casper New commenter

    If other people had acted honourably, these people would not be in this situation in the first place!!
     
  13. FollyFairy

    FollyFairy Occasional commenter

    I agree, especially as advice from OH had been ignored! It is not difficult to make reasonable adjustments, but some schools like to see if they can get away with not following advice from OH/medical profession. During my last pregnancy, I needed an adjustable chair due to SPD. An adjustable chair is not an unreasonable request I am sure you will agree - however, it took 10 weeks for me to receive one, thus aggravating my symptoms further in the interim and causing much pain and stress. I
     
  14. casper

    casper New commenter

    Well, it needs someone to care for their staff. I am sure that there are many schools where this does happen . Sadly there are a lot where this clearly is not the case.
     
  15. It doesn't seem to be an unreasonable expectation that employers undertake their <u>legal responsibility and obligation</u> with regard to their duty of care towards their staff.
    My experience of trying to put forward a personal injury claim showed me just how tight the law is. Even my lawyer was frustrated that due to one very small 'thing', it was not possible to put a claim forward.
    It is right, IMO, that it is difficult to claim money for a personal injury claim because if it was easy then there were be too many claims that weren't deserving. However, as my lawyer said to me, the system is TOO tight and it frustrates him because of cases such as mine.


     
  16. Unless people make a stand against employers breaking the law then employment conditions for everyone get worse. People get injured by bad employers and this has then a massive detrimental effect on their and their family's lives. Mental injury is no less serious than physical injury - if someone were physically injured at work then there wouldn't be any question of them being right to make a claim as it would affect their ability to earn a living - the same should happen for psychological injury, which is already much harder to prove as it is less visible and can take much longer to recover from.
    Making a claim for stress related injury is difficult unless there are other unlawful acts in relation to employment law and there needs to be very solid evidence.
     
  17. A lawyer thats wants a system where more claims result.. you do surprise me..

     
  18. Sorry, I wrote it in a very unclear way. My lawyer doesn't want the system to change but he does acknowledge that it can be frustrating when someone like me is a bit 'borderline' in terms of the requirements of the legal system.

     
  19. mikeonfreeserve

    mikeonfreeserve New commenter

    A personal injury claim for stress will fail. Stress is only a symptom, it isnot an injury. A reasonable amount of stress makes most jobs interesting. If not, we would all be licking envelopes
    To prove negligence to be able to claim for injury you must prove reasonable forseeability and unless it is a case of ithappening second time around and the first wqas acknowledged as a problem, you will likely fail. Have a look at Walker v Northumberland County Council to see how high the bar is set.
    Injury for this type of claim would require evidence from a shrink in most cases which is expensive. If you are you moe angry than injured, then see below.
    The better course is a whistleblowing claim if you can,relying on breaches of implied legal obligations. Why? Because it is cheaper, quicker and yo do not need to resign as with constructive dismissal and let the bully win.
    The problem is most union reps have not a clue about this and unions are reluctant to fund claims.
    See an expert.

     
  20. No you didn't! We understood exactly what you meant! [​IMG]
     

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