Personal Injury* Claims – Workplace Stress V Occupational Stress
If one has been injured as a result of the actions of someone else, you will have suffered what is termed a Tort, which is a civil wrong, which means the person may have the right to seek a legal remedy for this wrong.
Things get complicated in personal injury claims* in the context of workplace stress.
Stress can be an unavoidable occurrence in many workplaces, and occupational stress is not actionable.
Workplace stress is legally actionable which may sound like splitting hairs, but workplace stress concerns what the Health and Safety Authority describes as stress caused or made worse by work.
Evidently what is the stress caused, what is the conduct of the employer causing the stress are important considerations to consider. Is one employee being singled out, for example, needs to be assessed?
Workplace stress can lead to psychological problems and have a drastic effect on a person life leading to illness.
More information on workplace stress can be found here.
Employers have common law and statutory duties to their employees and the Safety, Health & Welfare at Work Act 2005 imposes a duty on employers to ensure the safety, health and welfare at work of his or her employees.
In any workplace stress claim* initiated the following criteria should be met:
- There must be a recognisable psychiatric injury diagnosed by a psychiatrist;
- Negligence must have occurred;
- The injury must have been caused by the conduct of the employer, and the person’s medical history will likely be assessed in order to obtain the full facts;
- It must have been reasonably foreseeable that the employee would have been injured due to the conduct of the employer, or a party who works for the employer who caused the injury.
- The personal injury claim* must be brought within the two-year statute of limitation limit.
Frequently Asked Questions
Personal Injury Claims* Time Limits?
If you have been injured due to the negligence of another and wish to pursue an action to recover damages, you must begin this action within 2 years of the accident in question.
Disclaimer – Personal Injury* Claims Workplace Stress V Occupational Stress Article
Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed.
It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
‘’In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement’’.
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