Find a Solicitor for your

Stress at Work Claim

Stress at Work Claims

Workplace stress is on the rise in an era of economic global uncertainty and increased remote working, more people are finding it hard to cope with the daily demands of work, and for some communication is made harder by feeling isolated.

• 6/10 workers in global economies self-declare as experiencing workplace stress

• 17 million working days are lost due to stress, anxiety, and depression 

• 19% of employees report their workplace has no policies to deal with workplace stress

Workplace stress doesn’t have to and shouldn’t be tolerated. There is no need to suffer in silence, indeed your employer has a duty of care to maintain your mental health and offer a good work-life balance.

If you have experienced workplace stress and feel your employer is at fault you can make a claim against them, when you feel ready to talk our expert team will be on hand to lend a professional ear. To get started, speak to our legal assessment team today.

Can you claim for stress at work?

Yes, if you have suffered stress at work which has meant you’re unable to return to work, or your daily life is impacted and you feel your employer is to blame you can claim for stress at work compensation.

To clarify, everyone feels stress at work at some point in their career, if not regularly. Studies have even shown that some levels of stress are beneficial at work. However, when workplace stress becomes unmanageable and impacts your physical and emotional health day-to-day, you may have a case to bring a stress at work claim against your employer.

A useful distinction to use is the difference between everyday stress which goes away when you reach your deadline or another goal, and chronic stress – which doesn’t go away.

Can I sue my employer for stress and anxiety?

You may be able to sue your employer, another word for claiming compensation, if you can prove they have failed at looking out for your mental well-being.

Before proceeding with a claim, you should ask for support from your employer to adjust your working conditions.

Suitable adjustments could include:

• Reducing your work hours

• Offering you flexible working arrangements

• Offering additional resources and support

• Assigning some of your workload to colleagues

• Arranging confidential counselling 

When your employer does nothing to help, you might want to consider making a claim, but before you do you should consider taking legal advice from an employment law solicitor.

An expert workplace stress solicitor can advise you on whether you have a case, how to build your case, and what you’ll need to know about the process of making a claim.

Criteria for workplace stress claims

Workplace stress is governed by the Health and Safety Executive (HSE), who defines workplace stress as: “the adverse reaction people have to excessive pressure or other types of demand placed on them”.

Some symptoms of stress at work include:

• Feeling irrationally irritable, angry, or close to tears

• Hair and weight loss

• Headaches or consistent migraines

• Insomnia

• Nausea

• Panic attacks

• Fatigue

• Palpitations

• Muscle tension

There are some key criteria that employers should follow to deal with stress at work.

A crucial responsibility for employers is to perform a risk assessment for the work that you do. If they have not this is grounds for a negligence claim. 

If stress is making you physically ill you should see your GP, they will sign you off from work if they think it necessary.

They will also make suggestions of suitable adjustments that your work can make to make your transition back to work more streamlined.

When pursuing a claim, having seen your GP and being signed off work will help your case. Also, if your employer does not follow the advice of your GP and you feel worse, then this is another scenario in which your case would be strengthened.

Ultimately, you will need to prove that the stress you’re experiencing was the fault of your employer through compelling evidence.

Evidence can include:

• Being signed off from work

• Photographs of your work environment

• Copies of emails, other forms of communications, and documents that led to your stress

• Proof your employer hasn’t done risk assessments or is ignoring the suggestions in them.

Common causes of stress at work claims

Some common causes of stress at work claims include:

• Not knowing how to do your job – it’s your employer’s responsibility to let you know the purpose of your role and how to achieve success

• Unrealistic targets and deadlines – without fair warning can trigger stress

• Excessive workloads – and being expected to work unpaid overtime

• Rest breaks overlooked – holiday pay and other working time rights are ignored

• Harassment, bullying, and victimisation – bear in mind it is illegal for your employer to fire you, or treat you any differently if you make stress at work claim

• Micromanagement – being observed and having your work closely monitored.

Employers’ responsibility for managing stress at work

The ‘Thriving at Work’ Report 2017 by Lord Dennis Stevenson and Paul Farmer sets out a framework of ‘Core Standards’ that employers of all sizes should consider to manage work stress.

It includes the following recommendations:

• Ensure a mental health at work plan is in place to promote good mental health for all employees, which points to support for those that need it

• Foster mental health awareness through tools, resources, and support

• Open up a supportive environment for discussing mental health when employees say they’re struggling, during a recruitment process and periodically throughout someone’s employment, offering reasonable adjustments where needed

• Create a positive work environment, work-life balance and give employees opportunities to grow and develop their careers

• Encourage two-way conversations between employees and their people leaders, supervisors, and the leadership team. Offer managers effective training and support to spot issues before they happen and manage them effectively once they do

• Monitor employee mental health through polling data, and conversations with employees, and control risk factors, through risk assessments and risk controls 

As mentioned, employers have a responsibility to look after their employees’ physical and mental health and where they do not, an employee could file a work-related stress claim against them.

How do you file a stress at work claim?

You’ll need to follow these steps to file a stress at work claim:

1. Report your stress to your employer, explain the causes and effects

2. Get an assessment from your GP and follow their advice

3. Ask your employer to respect your GP's medical opinion

4. If they do not, speak to a stress at work claims solicitor about your case, who will file a claim with your employer if they think you have a strong case.

What is the average compensation payout for stress at work?

It’s hard to say exactly how much you may get for a stress at work claims as they vary widely in their circumstances, complexity, and severity. 

If you narrow down the parameters you can start to see some symptom ranges, one of which will apply to you:

• £1,400 to £5,500 for minor symptoms - no long-term health conditions

• £5,500 to £19,070 for mild cases – that impact a person’s ability to manage daily life

• £19,070 to £54,830 for moderately severe psychiatric injuries – which impact you permanently or over a long period

• £54,830 to £115,730 for severe issues – this includes an inability to work again, and impairments in someone’s social life

These guidelines are set out by the Judicial College and outline a ballpark figure of what you might be awarded, however as you can see, these ranges can be quite large.

Your solicitor might be able to give you a closer approximation of what you might be due if your case is successful.

The level of payout you will get is calculated by working out general damages, the suffering related to your symptoms (including emotional distress), and combining this with the expenses you’ve faced dealing with your stress, these are known as special damages.

How to make a successful stress at work claim

Here are some key elements to making a successful stress at work claim:

• Evidence – compile as much evidence as possible to support your claim

• Seek a medical opinion – go to a GP as soon as you notice symptoms of your stress impacting your work or home life, and ensure you follow the advice of your medical professional and pass on their evaluation to your employer

• Find a solicitor to help you - A good solicitor will tell you the strength of your claim and help you collect the appropriate evidence. They will also be on hand to guide you through the process.

Can I get compensation for anxiety at work?

Yes, a settlement claim for stress at work damages can include any anxiety, stress, and depression symptoms you’ve experienced from work duties.

Time limits for claiming stress at work compensation 

There is a three-year time limit for making stress at work claims. Don’t worry if that sounds like a short timeline, because if your symptoms of stress take longer to show, the period starts from the date of your diagnosis by a doctor. 

Make a claim for stress at work with Lawhive

Stress at work claims can be complex so it’s always a good idea to begin them as soon as possible. The earlier you start your claim the more time you’ll have to document and collect the evidence your solicitor will need to build the strongest case possible.

Interim payments can be requested by our stress at work specialists if you need to pay for imminent medical expenses caused by your accident and you can’t wait for your settlement. This will also put you on a faster schedule of recovery than waiting for your settlement to be finalised.

We can help you understand whether you have a case with our free case assessment. Find a solicitor in 5 minutes and start moving on with your life today with Lawhive.