Stress at work personal injury claim: Solicitors’ Advice

A stress at work personal injury claim can arise when an employee suffers from mental or psychological harm due to undue pressure or neglect in the workplace. If you are experiencing stress that has resulted in a recognised psychological or psychiatric injury and believe your employer is at fault, seeking advice from expert Personal Injury Solicitors is essential to understand your legal options in England and Wales.

The legal process surrounding a stress at work personal injury claim involves understanding the responsibilities employers have to protect their staff’s mental health. This includes the duty of care under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999. Employers who fail in these duties could be liable for psychological injury suffered by their employees. Bringing a stress at work personal injury claim requires detailed evidence and legal expertise.

What constitutes a stress at work personal injury claim?

A stress at work personal injury claim is a legal case brought by an employee who has suffered psychiatric injury or psychological harm due to workplace conditions. Examples include excessive workloads, bullying, harassment, or lack of support. The key elements that must be shown are:

• The employer owed you a duty of care.
• The employer breached that duty.
• You suffered a recognised psychological or psychiatric injury as a result.

Claims can be complex and require a formal medical diagnosis of a condition such as depression, anxiety, or post-traumatic stress disorder linked directly to workplace factors.

Legal duties of employers in England and Wales

In England and Wales, employers have a statutory duty to safeguard their employees’ health and wellbeing, including mental health. Under the Health and Safety at Work etc. Act 1974, employers must take reasonable steps to prevent foreseeable harm. This extends to psychological injuries, as clarified in case law such as Walker v Northumberland County Council [1995] 1 All ER 737. Failure to carry out risk assessments or address known stressors could give rise to a stress at work personal injury claim. Measures employers should take include:

• Undertaking risk assessments for workplace stress.
• Providing support for employees reporting stress symptoms.
• Taking reasonable action to prevent recurrence of stress-related issues.

You can read more about employer responsibilities on the Health and Safety Executive’s website.

How to bring a stress at work personal injury claim

1. Document your symptoms and incidents causing stress, including dates and communications.
2. Seek medical attention to obtain a formal diagnosis.
3. Report your concerns to your employer and give them an opportunity to resolve the issues.
4. Gather evidence such as emails, HR records, or witness statements.
5. Contact a specialist solicitor to assess your potential claim.

To bring a stress at work personal injury claim, it’s important to act within three years of when you became aware of your injury. This is known as the limitation period in England and Wales.

Types of compensation in stress at work personal injury claims

Compensation in a stress at work personal injury claim can cover both general and special damages:

• General damages: For pain, suffering, and loss of amenity (e.g. the impact on your life).
• Special damages: For quantifiable financial losses, such as lost earnings, treatment costs, and medication expenses.

The amount awarded depends on the severity and duration of the psychological injury and the financial impact on your life.

Evidence needed for a stress at work personal injury claim

Proving a stress at work personal injury claim requires substantial evidence. This typically includes:

• Medical records and reports from your GP or mental health specialist.
• Documentation of complaints made to your employer.
• Evidence of the employer’s failure to act.
• Statements from colleagues or witnesses.
• Evidence of financial losses.

Without sufficient evidence, your claim is unlikely to succeed.

Case study: Stress at work personal injury claim

Our client brought a claim for psychiatric injury suffered as a result of stress at work during the course of their employment. Despite their long service and their employer’s knowledge of their mental health history, they were left without support to cope with an excessive workload and inadequate resources. With Fosters’ assistance, they was able to pursue their case and ultimately achieved a settlement of £210,000.

Expert insights: Solicitors’ advice on stress at work claims

Solicitors specialising in stress at work personal injury claims emphasise the following:

• Early action is crucial: report concerns promptly to your employer.
• Keep detailed records of your communications and symptoms.
• Do not delay seeking medical advice and legal assistance.
• Be prepared for your employer to challenge the claim; robust evidence is essential.

The legal process can be lengthy, but expert advice can greatly improve your chances of a successful outcome.

Contact our Personal Injury Solicitors today for a confidential consultation and expert assistance with your stress at work claim.

We understand the impact these injuries can have on your day to day life and your future. Our experts are vastly experienced in helping you assess if you can make a valid claim and support you through the necessary process.

Contact us for more information.

Benefits and challenges of stress at work personal injury claims

• Benefits:
  • Access to compensation for your suffering and financial losses.
  • Potential workplace improvements and policy changes.
  • Recognition of psychological injury as a genuine harm.
• Challenges:
  • High burden of proof required for success.
  • Potential stigma or workplace repercussions.
  • Emotional strain involved in pursuing a claim.

FAQs

What is a stress at work personal injury claim?

A stress at work personal injury claim is a legal process where an employee seeks compensation for psychiatric or psychological harm suffered as a result of workplace conditions, typically due to an employer’s failure in their duty of care.

How do I bring a stress at work personal injury claim?

1. Document all incidents and symptoms related to workplace stress.
2. Seek a formal diagnosis from a healthcare professional.
3. Report your concerns to your employer.
4. Gather supporting evidence.
5. Consult a specialist solicitor in England and Wales.

What compensation is available in a stress at work personal injury claim?

You may be entitled to general damages for your injury and special damages for financial losses, including lost earnings, medical costs, and future care.

What evidence do I need for a stress at work personal injury claim?

How long do I have to bring a stress at work personal injury claim?

In England and Wales, you usually have three years from the date you first became aware of your psychological injury to bring a stress at work personal injury claim.

Can I claim if I am still employed?

Yes, you can bring a stress at work personal injury claim while still employed, but you should seek advice from a specialist solicitor before proceeding.

This article was produced on the 17th September 2025 for information purposes only and should not be construed or relied upon as specific legal advice.