Legal Pulse - Stress - can you claim?

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Stress - can you claim?
Price: FREE

One hears of many people going off sick with stress and Legalpulse gets lots of e-mails asking if they can make a claim against their employers because of it. The outcome of a recent case concerning three teachers with stress claims has clarified matters ...... We'll spare you the technical details but the general view is that stress claims will become more difficult to win as a result of this case. For a stress claim to be successful, the employee must show the following - That they have suffered a psychiatric illness or injury (so medical reports will be necessary) That the work posed a real risk of causing such injury and the employer knew about it or ought to have known about it (this will be the tough one to prove - especially if other people are working in the job without suffering ill effects) That given the risk, the employer failed to take adequate steps to prevent harm That the psychiatric harm was caused by the work and the employer's breach of duty (again this will be difficult to prove because an employee may try to show that harm was caused by other factors outside the workplace or that the injury was unforseeable because the employee was in some was 'more sensitive', etc)