Could I Include Emotional Distress as Part of My Accident at Work Claim?

Emotional distress can be experienced after a workplace accident; you might experience it after an accident in which you were injured, or after directly witnessing a colleague get hurt. If this injury happened because of employer negligence, you may be entitled to claim.

Emotional distress compensation claim guide

A No Win No Fee solicitor can help file your claim for psychiatric harm. In this guide, we bring you through some of the potential causes of emotional distress after an accident in the workplace and explain how to file for compensation.

Our advisors are standing by 24/7 to provide free legal advice if you have experienced emotional distress following a workplace accident. You do not need to be physically injured in order to make a claim, but the distress must be the result of employer negligence.

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Choose A Section

What Is Emotional Distress?
How Could Stress Happen At Work?
Evidence For A PTSD Claim
How Much Could I Get For Emotional Distress?
What Could A No Win No Fee Solicitor Do For Me?
Further Guidance About Emotional Distress

What Is Emotional Distress?

Emotional distress after a workplace accident can impact all areas of your life. Symptoms of emotional distress include, but are not limited to, difficulty concentrating, feeling overwhelmed, and constant worrying.

It can even lead to physical symptoms, such as headaches or stomach problems. These symptoms can, in turn, lead to absence from work.

Employers owe their employees a duty of care according to the Health and Safety at Work etc. Act 1974 (HASAWA). This means that they need to take all reasonably practicable steps to ensure your safety in the workplace. If they fail to do so

How Often Does Stress At Work Happen?

The Health and Safety Executive (HSE) keeps track of data related to workplace accidents and ill-health. According to HSE statistics 822000 workers self-reported stress to the Labour Force Survey (LFS). That is 2,480 instances per 100,000 workers. Stress, depression or anxiety accounted for 50 per cent of work-related ill-health in 2020/21 (LFS).

It is important to note that not all instances of workplace distress will be caused by being injured in or witnessing an accident. Sometimes, workplace stress can be caused by other factors.

If you’ve experienced a workplace injury or witnessed an accident due to your employer’s negligence and are suffering mentally as a result, contact our advisors today.

How Could Stress Happen At Work?

Any workplace accident that results in injury can cause someone to experience emotional distress. This can apply to the injured party as well as to those who immediately witness the event happen.

If you’re injured in an accident, you might suffer emotional distress as you try to cope with injuries that you have sustained. In some cases, you might be fearful that an accident of that nature could happen again.

If you witness someone being badly injured in a workplace accident, this could cause you emotional distress. If you were in close proximity to the accident, you might have been fearful that you would be injured, too.

Examples of workplace accidents that could cause emotional distress

These are some examples of workplace injuries that could lead to emotional distress:

Slips, trips and falls. Your employer should maintain good housekeeping to keep you safe from tripping or slipping. This includes making sure wires aren’t trailed across the floor. Spills should be cleaned or signposted within a reasonable amount of time.
Inadequate personal protective equipment (PPE). If PPE is required to carry out your work duties safely, it is up to your employer to provide it for free. Ill-fitting or damaged PPE can lead to injuries and illnesses.
Lack of, or poor quality, training. Poor training or no training at all can lead to accidents. It is expected of your employer to ensure that you are fully trained for your role. This should include health and safety training. You should not be charged for this.
Unsafe equipment. If you’ve received adequate training but the equipment is unsafe to use, then you can still be injured in a workplace accident due to your employer’s negligence. Your employer is expected to keep up with required safety checks and act on any results.

If you have experienced emotional distress due to employer negligence, you might be entitled to claim compensation. Even if you haven’t been physically injured, our advisors are available 24/7 to talk about claiming for your mental injury.

Evidence For A PTSD Claim

You may experience post-traumatic stress disorder (PTSD) after an accident at work or witnessing an accident at work that resulted in an injury. In order to claim compensation for emotional distress, you will require evidence.

To form the basis of a successful claim, you must be able to provide evidence of your employer’s negligence, even if you didn’t suffer physically.

Evidence of a workplace injury may include:

Seek medical attention. If you are claiming for emotional distress as part of your injury at work claim, medical notes will form part of the evidence. Any physical injuries may also require medical attention. As part of the claims process, you may be invited to an independent medical assessment.
CCTV. You are within your rights to request CCTV footage of yourself. It could show you witnessing the accident.
Witness details. If there were any witnesses to the accident, make a note of their contact details. If you wish to file for compensation using a solicitor, your lawyer may want to contact them for a statement.
Accident log book. If you are making a claim for compensation you will need to know when the original workplace accident happened, whether you suffered a physical injury due to your employer’s negligence or you witnessed a workplace accident. The accident log book should include the injured person’s name, the date and the details of the accident.
Seek legal advice. You are under no obligation to file for compensation with a solicitor but it may make the process seem less stressful. Our advisors are standing by to speak to you about your potential claim.

How Much Could I Get For Emotional Distress?

Experiencing or witnessing a workplace accident due to employer negligence can lead to emotional distress. Even if you didn’t suffer a physical injury, you may be entitled to compensation. If you suffered both physical and mental harm as a result of a workplace injury, you can claim damages for emotional distress in addition to the damages for physical injuries.

The compensation you receive may consist of two parts: general damages and special damages (provided that you qualify for special damages).

General damages cover the pain and suffering caused by your injuries. The more serious your injuries are, the higher the general damages head of your claim is likely to be.

The Judicial College Guidelines (JCG) is a publication that sets out guideline compensation brackets for different types of injuries, including for emotional distress. We have included some of these brackets in the table below.

Injury	Potential Compensation	Notes
Severe psychiatric damage	£51,460 to £108,620	Inability to cope with life and work. Negative impact upon relationships. The worse the prognosis the higher the award.
Moderately severe psychiatric damage	£17,900 to £51,460	Significant problems with life and work with a negative impact upon relationships.
Moderate psychiatric damage	£5,500 to £17,900	Problems with life and work with a negative impact upon relationships. Trial improves the prognosis.
Less severe psychiatric damage	£1,440 to £5,500	The award will consider how long you experienced emotional distress.
Severe post traumatic stress disorder	£56,180 to £94,470	Permanent effect upon all aspects of life.
Moderately severe post traumatic stress disorder	£21,730 to £56,180	Significant disability for the foreseeable future with an effect on all areas of life.
Less severe post traumatic stress disorder	£3,710 to £7,680	Full recovery within one to two years with some lingering mild symptoms.

Special Damages

According to the NHS, PTSD can lead to employment difficulties. Experiencing emotional distress after an accident at work can lead to days off sick. You may wish to seek the advice of a legal professional to claim back lost income. Financial losses connected to your emotional distress get filed under special damages. You must remember to keep all evidence, such as receipts.

Special damages can include:

Therapy or counselling. If you require therapy that is not provided by the NHS, or in addition to what the NHS provides you could claim the costs back.
Lost earnings. If your emotional distress keeps you from work, you could claim what you would have earned. If you can work normal hours, except for taking time off to attend medical appointments, you can claim for the lost hours.
Travel costs. If you attend medical appointments, whether via car, taxi or public transport could be claimed for. Keep all receipts or evidence of mileage.

Contact our advisors today. They are here to talk about the types of damages you can claim and how to build a strong claim for compensation.

What Could A No Win No Fee Solicitor Do For Me?

You may be entitled to compensation if you’ve suffered or witnessed an injury at work due to suspected negligence. Making a compensation claim does not require a solicitor but using one can make the process seem easier. The support and guidance of a solicitor could also help you build as strong a claim as possible.

A No Win No Fee agreement is where you pay no upfront fees to your solicitor. A legally capped success fee applies to successful claims. However, you do not need to pay solicitors’ fees should your claim be unsuccessful.

Furthermore, there is nothing to pay your solicitor as the claim progresses or in order to secure their services. If this sounds like it could benefit you, please get in touch with our team today.

Start Your Stress At Work Claim

Our advisors are standing by to help you start your emotional distress claim. They offer free legal advice and can calculate what your claim might be worth. If your case is valid, they can connect you with a No Win No Fee solicitor from our panel.