This guide will detail the circumstances in which you could be eligible to make a personal injury claim for a psychological injury. We will explain the criteria you must meet when claiming injuries due to your employer’s negligence.
Additionally, we intend to cover what forms of evidence could benefit you in the process of your work injury claim. This guide also details what compensation you could receive and how injuries are valued by legal professionals.
Furthermore, we explore how our panel of accident at work solicitors could benefit you in your psychological injury claim and what No Win No Fee agreements typically entail.
If you would like more legal advice, get in touch with our advisors. When you take a free consultation with one of our advisors, they can offer free legal advice and help you identify whether you could be eligible to claim. To learn more:
- Call us on the number at the top of our page
- Contact us by completing or online form, and we will call you back
- Speak with us through our live chat feature
Can I Make A Personal Injury Claim For A Psychological Injury?
A Guide To Making A Personal Injury Claim For A Psychological Injury
A psychological injury can include conditions such as stress, anxiety, depression, or post-traumatic stress disorder (PTSD). There are different ways in which you could experience emotional harm at work. For example:
- You could sustain a severe or life changing injury, such as an amputation or paralysis that impacts you psychologically
- You could experience emotional harm after witnessing a traumatic incident
This guide will explain how you can prove that your employer caused your injury and what compensation you could receive as a result of this. We also take a look at some examples of psychological injuries caused by an accident at work, as this can affect you both physically and psychologically.
Please don’t hesitate to speak with us about making a personal injury claim for a psychological injury.
When Are You Eligible To Make A Personal Injury Claim For A Psychological Injury?
You may be able to claim for your psychological injury if are able to prove that it was caused by employer negligence.
By default, employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974. This means that all employers should take reasonably practicable steps to ensure your safety at work. If your employer fails to do this, and you are injured as a result, this is negligence. You could claim if you can demonstrate this has occurred.
Some examples of how a psychological injury could be sustained include:
- A construction accident resulting in an employee damaging their spinal cord could occur if an employer has failed to address the risks associated with working from a height. This could leave the employee paralysed impacting them both physically and psychologically.
- Slips, trips, and falls, such as a slip on a wet floor could cause an employee to sustain a severe head injury. This could lead to a prolonged recovery period which could have an impact on the person’s mental health.
- Lack of necessary or adequate personal protective equipment (PPE) can lead to a chemical burn accident in which an employee sustains a severe burn on their hands. The visibility of the scar could cause a psychological reaction.
Please contact us about the accident at work claim process. You can speak to us about your personal injury claim for a psychological injury at work through the methods listed at the top and bottom of this guide.
Potential Evidence That Could Be Used In A Claim For An Accident At Work
Your personal injury claim for a psychological accident may be more likely to succeed if you have evidence to prove your employer’s negligence. Various forms of evidence can be used to benefit your accident at work claim. Potential examples can include:
- CCTV footage of the accident
- Witness contact details so their statements can be taken later
- Copies of medical records and notes from a doctor to demonstrate the mental impact of your injury
A solicitor from our panel may be able to help you collect this evidence. Get in touch with our advisors today to learn more.
Is There A Standard Time Limit For An Accident At Work Claim?
Under The Limitation Act 1980, when making a work injury claim, the accident at work claim time limit gives you three years from the date of your accident or from the date you became aware of the negligence that was involved to start your claim.
However, there are some instances in which the time limit is suspended. These are if:
- A person was under eighteen at the time of their accident. They have three years from the date of their eighteenth birthday to claim. However, a litigation friend may claim on their behalf at any time during the suspended time limit.
- A person lacks the mental capacity to claim for their injuries. In the event that they recover the appropriate mental capacity to claim, they have three years from this date to claim. If this is not possible, the time limit remains suspended, and a litigation friend can claim on their behalf at any time.
To find out if you could make a personal injury claim for a psychological injury within the relevant time limit, get in touch with our team.
What Compensation Could You Receive From An Accident At Work Claim?
One form of compensation is general damages. These cover the pain and suffering you have experienced as a result of your injuries, including the psychological aspects of your case.
The Judicial College Guidelines (JCG) provide legal professionals with compensation brackets to help them value claims, as illustrated below. However, please note that these figures are guidelines only and not guarantees.
| Severity | Injury | Notes | Value |
|---|---|---|---|
| Loss of Both Arms | Amputation of Arms | A person with full awareness is reduced to a state of considerable helplessness. | £240,790 to 300,000 |
| Severe (b) | Leg Injuries | Extensive degloving/bone grafting or gross shortening of the leg. | £96,250 to £135,920 |
| Severe (a) | Psychiatric Damage | Inability to cope with work and life. Impact on relationships. Poor prognosis. | £54,830 to £115,730 |
| Moderately Severe (b) | Psychiatric Damage | Significant problems with coping, though there is a better prognosis. | £19,070 to £54,830 |
| Moderate (c) | Psychiatric Damage | Work-related stress without prolonged symptoms. | £5,860 to £19,070 |
| Less Severe (d) | Psychiatric Damage | The duration of the disability and the severity of the impact on daily life is considered. | £1,540 to £5,860 |
| Severe (a) | PTSD | Permanent effects preventing employment or function at the pre-trauma level. Life is seriously impacted. | £59,860 to £100,670 |
| Moderately Severe (b) | PTSD | Better prognosis than above, but a significant disability for the foreseeable. | £23,150 to £59,860 |
| Moderate (c) | PTSD | The remaining effects are not grossly disabling after a large recovery. | £8,180 to £23,150 |
| Less Severe (d) | PTSD | Virtually fully recovered, and the only symptoms that continue are minor. | £3,950 to £8,180 |
Could You Receive Special Damages Compensation For An Accident At Work?
You may also be eligible to claim special damages. These cover the monetary losses you have and may suffer as a result of your injuries. Some examples of expenses that could be recouped under special damages could include:
- Loss of earnings
- Transportation costs
- Medication and therapy costs
- Domestic help or carer costs
The Benefits Of Using Our Panel Of Accident At Work Solicitors
When wondering how to make a work injury claim, you may want to consider the possibility of a No Win No Fee agreement. Our panel of solicitors offer this kind of arrangement in the form of Conditional Fee Agreement (CFA), which typically means that you don’t have to pay for your solicitor’s services if your claim is unsuccessful.
If your claim is successful, your solicitor is likely to deduct an amount from your compensation. This is commonly called a success fee. This fee is legally capped and taken as a percentage to help ensure that you get the majority of your compensation.
Contact Us To See If You Could Sue Your Employer For Negligence
If you have had an accident at work, how to claim may be your first question. Our panel of solicitors have years of expertise and can help you in your claim process, and are available to answer your queries and offer advice anytime. To learn more about how our panel of solicitors could help:
- Call us on the number at the top of our page
- Contact us by completing or online form, and we will call you back
- Speak with us through our live chat feature
Learn More About Making A Work Injury Claim
For more information, check out our external resources, linked below:
Thank you for reading our guide on how to make a personal injury claim for a psychological injury.
Writer Emily Marrow
Editor Cat Hamilton
