Injured At Work Lawyers

Injured At Work Lawyers

Do injured at work lawyers cover mental health?

Mental health is becoming more widely recognised as equal to physical health in terms of the impact it can have on our lives. If you have been psychiatrically injured at work, lawyers – specifically, personal injury specialists – are definitely here to help you.

Unfortunately though, you and your representative may find it more difficult to prove a psychiatric injury. This is because the law surrounding injuries to a person’s mental health is not quite as clear as that surrounding physical health.

However, this should never stop you exploring the possibility of making a claim for a mental health injury suffered at work.

Reach out to our friendly team today for FREE on 0800 0747 644 or make an online enquiry to tell us your story.

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If you believe your employer is responsible for harming your mental health, here is what you need to know:

Can You Sue For Damage To Mental Health?

Yes, it is possible to sue for an injury to your mental health if you believe your employer bears at least some responsibility for it. You will need to be able to show that your injury occurred in the past three years.

Some examples of the situations that may lead to successful claims for mental health injuries at work could include:

  • You experience bullying or harassment in the workplace, leading to stress or anxiety
  • You have been verbally or physically assaulted in the workplace
  • You witnessed or experienced a traumatic event at work
  • Your employer demands unrealistic levels of work that cause you to lose sleep or rest
  • Your employer refuses to make reasonable changes to accommodate a protected characteristic you have (these are defined in the Equality Act 2010)

How Can I Sue My Employer For Mental Trauma?

The process and criteria for making a claim for mental health or trauma and physical health or trauma are roughly the same.

You – or your specialist work injury solicitor – will need to start by determining whether your employer has breached their “duty of care” to you. This is the responsibility that every UK employer has to provide a safe environment for their people to work in.

Notable instances of your employer having breached their duty of care to you might include them:

  1. Failing to conduct proper risk assessments, perhaps to mitigate the stress new working practices might cause.
  2. Failing to make reasonable changes following a safety assessment’s findings or a safety issue being reported, such as reducing your workload when it was dangerously high.
  3. Failing to prevent situations where a risk was previously recognised, such as if you were verbally or physically assaulted by a co-worker or customer known to be problematic.

What Is A Psychiatric Injury?

A psychiatric injury is the mental trauma caused by a particular incident, or potentially by extended exposure to certain conditions.

Some common examples might include stress and stress-related conditions, anxiety, depression, and Post-Traumatic Stress Disorder (PTSD).

The symptoms that you might experience in any of these cases may be very subjective – as is the experience of what can cause conditions like stress and anxiety in the first place.

For example, a given situation may cause one person to experience extreme stress while another person in the same situation experiences little or none.

How Do You Prove A Psychiatric Injury?

In psychiatric injury or mental health or trauma cases, the most important thing in terms of proof is usually having a record of you seeking to deal with it in the past. This might include:

  1. Records that show you brought the issue to your employer’s attention previously (this makes it very important to do so)
  2. Evidence of a medical diagnosis from your GP, especially if you ended up being signed off from work
  3. Other employees showing signs of similar conditions or raising similar safety issues
  4. Proof of company communications acknowledging workplace decisions might lead to, for example, stress but failing to take action
  5. Photographs or other records of elements in your workplace that cause stress or otherwise harm your mental health

With your solicitor’s help, you might also get a medical report from a mental health professional such as a psychologist or psychiatrist (these are two very different disciplines and may cover different conditions) to attest to your condition.

Injured At Work? Our Lawyers Support Psychiatric Injury Claims

The best first step to exploring the possibility of making a compensation claim for psychiatric injury in the workplace is to get FREE, straightforward legal advice.

Grieves Solicitors has a combined 76 years of specialist experience in personal injury law. We have already won millions of pounds in compensation for deserving clients.

Tell us how you were psychiatrically injured at work – our lawyers will listen supportively and offer advice on how to proceed. You can reach out to us for free on 0800 0747 644 or fill in the form below to ask us to call you back.

Here at Grieves Solicitors, Personal Injury Specialists, we offer a no win, no fee solution to funding your claim (a conditional fee agreement) which means that you do not have to worry about legal costs and expenses.  You can read about our no win, no fee agreement here.

To make a free no-obligation enquiry, call 0800 0747 644.

Alternatively, fill in the contact form and we will get back to you.

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