If you have sustained a psychological injury at work, you may be eligible to make a work injury claim.
Our guide will explain how to make a workplace accident claim, including the eligibility criteria you must meet.
It will also discuss the potential compensation you could be awarded.
Furthermore, it will explore the benefits of a solicitor providing their services under a No Win No Fee agreement.
If your employer breaches their duty of care, they could be liable if your injuries were caused by an accident resulting from this breach. Read on to learn whether you could seek compensation.
Alternatively, don’t hesitate to get in contact with our advisors in the following ways:
- Call the number at the top of this page
- Fill out our online contact form
- Speak to an advisor through our live chat function.
Psychological injury at work claims guide
A Guide To Claiming For A Psychological Injury At Work
Psychological injuries can include conditions such as depression, stress or any anxiety disorders. You can claim for injuries of a psychological nature on their own if it resulted from your employer’s breach. You can also claim for a psychological injury that has resulted from physical harm.
Multiple injuries, whether they’re from a major or minor accident at work, can all be included in your claim, both of a physical or psychological nature.
There are several instances in which you may claim for a psychological injury at work. Firstly, you could claim if you experienced a traumatic injury that led to emotional harm. Secondly, you could claim if you witnessed someone else sustaining a traumatic injury and this had an impact on your mental well being.
However, in order to seek compensation, you must prove that an employer breached the duty of care they owed you and caused you harm. We will explore this in more detail further in our guide.
For more information, read on. Alternatively, you can call our team to find out how an accident at work solicitor from our panel could help.
Top Tips That Could Help You In A Work Injury Claim
After sustaining a psychological injury at work, you should consider the evidence you could use to help prove your claim. Potential evidence you could acquire can include:
- Photographs of the injury/scene
- A diary illustrating your symptoms and decline of your mental state
- Copies of medical records and therapist notes
Furthermore, when making a work injury claim, the time limit is something to be aware of. The Limitation Act 1980 states that the standard time limit to start a claim for an accident at work is three years from the day of the accident or the date you acquired knowledge of negligence being the cause.
There are exceptions to this. If a person lacks the mental capacity to claim on their own behalf, this can result in a suspension of the limit. During this time, a suitable adult can apply to act as a litigation friend on their behalf. In the event that they recover their mental capacity, the time to claim is up to three years from the time they recovered.
If a person was under eighteen at the time of sustaining the injury, they have 3 years from the date of their eighteenth birthday. Alternatively, before they turn 18, a suitable person can also apply to act as a litigation friend on their behalf.
To learn more about the accident at work claim process, get in touch on the number above.
When Am I Eligible To Claim For A Psychological Injury At Work?
In order to be eligible to claim for your psychological injury at work, you must prove that your employer:
- Owed you a duty of care
- Breached this duty
- This breach resulted in the injuries you sustained. This is known as negligence.
It is stated in The Health and Safety at Work etc. Act 1974 that your employer has a duty to keep you safe in the workplace by taking reasonable steps to ensure that the equipment and environment are safe to use. This can involve removing the risks of known hazards completely or reducing the risk where this is not possible. If danger is known about and ignored, they could be liable if this caused your injury at work.
There are many types of work accidents that could occur leading to emotional harm, such as:
- Construction accidents– An employer may have failed to adequately maintain equipment. As a result, an employee sustains a traumatic arm amputation due to faulty equipment. Due to sustaining a life changing injury, they are affected emotionally as well as physically.
- Warehouse accidents– An employer may have failed to provide adequate training on how to use equipment, such as a forklift truck. As a result, an employee crashes when incorrectly operating the vehicle. This causes them to sustain a severe back injury that has a lasting impact on their mobility. As a result, they develop anxiety and depression.
- Factory accidents– A piece of equipment that isn’t properly secured, falls on an employee causing them to sustain a head injury and crush injury to the torso. Whilst they are recovering from their injuries, they develop depression due to the impact the injuries have had on their quality of life.
If you want to discuss making a claim for an accident at work, get in touch with our team. They are available to answer your queries 24/7.
Psychological Injury Claims – Potential Compensation Payouts From A Claim
After sustaining an injury from your accident at work, you may want to look at average compensation payouts. Generally, you could be awarded up to two heads of claim.
General damages cover the physical and mental damage resulting from your injuries. The Judicial College Guidelines are available to help guide legal professionals when calculating the compensation for this head of claim.
The document contains guideline compensation brackets for different injuries. Whilst we have included these in the table below, you should only use the figures as a guide. This is because each settlement is unique.
| Injury | Notes | Value |
|---|---|---|
| Very Severe Brain Damage (a) | The person will experience several issues and will need full-time nursing care. | £282,010 to £403,990 |
| Injuries Involving Paralysis (a) | Tetraplegia or quadriplegia. | £324,600 to £403,990 |
| Amputation of Arms (b) | Both arms are lost. The person has full awareness of their injury and reduced to a state of considerable helplessness. | £240,790 to £300,000 |
| Leg Injuries (a) (i) | One leg is lost below the knee. | £97,980 to £132, 990 |
| Severe Psychological Damage (a) | A very poor prognosis and poor ability to cope with life and work and relationships are badly affected. | £54,830 to £115,730 |
| Moderately Severe Psychological Damage (b) | A more optimistic prognosis despite significant problems still being present. | £19,070 to £54,830 |
| Severe Anxiety Disorder (a) | All aspects of life are significantly impacted. The impact will be negative and permanent. | £59,860 to £100,670 |
| Moderately Severe Anxiety Disorder (b) | Although there is a better prognosis, the likelihood of a significant disability in the foreseeable future is still present. | £23,150 to £59,860 |
Special Damages In An Accident At Work Claim
You could also be eligible to claim special damages. These cover the monetary losses you have suffered as a result of your injury. These cover both present and future financial losses, such as:
- Transportation costs
- Medical costs
- Loss of earnings
However, when claiming these types of damages, it is important to provide evidence of the financial impact the injury has had on you. Examples of potential evidence can include:
- Bus or train tickets
- Receipts of purchased medication and prescriptions
- Bank statements or payslips to show the reduction in earnings.
What Are The Benefits Of Making A No Win No Fee Accident At Work Claim?
If you choose to hire a solicitor, they may offer you a No Win No Fee agreement. A type of this is called a Conditional Fee Agreement. If your claim is unsuccessful, you do not typically have to pay for your solicitor’s services under a CFA.
If your case is successful, your solicitor will usually take a portion of your compensation, commonly called a success fee. This is capped by law, so you don’t need to be concerned about any overcharging.
To learn more about whether you’re eligible to have a solicitor from our panel represent your psychological injury at work claim on this basis, get in touch on the number above.
Contact Us To See If You Could Receive Accident At Work Compensation
For a free consultation about your psychological injury at work claim, don’t hesitate to contact us for free in the ways listed below:
- Call our phone number at the top of the page
- Write to us through our live chat feature
- Contact us online
Learn More About Making A Claim For A Psychological Injury At Work
If you want further information, we have also listed external resources which you may find beneficial to you:
Thank you for reading our guide on sustaining a psychological injury at work. For more information, please use the details provided above.
Writer Emily Marrow
Editor Meg Martin
