Workplace PTSD

A one of incident can make a significant impact on a person ie in the form of PTSD but also bullying and/or harassment in the workplace can have a pernicious affect on a person’s wellbeing arising from a workplace issue.

The bullying incidents chip away at the person over time and normally at some point the ability to cope and deal with the matter gets too much.

Employers and employees alike have a duty to take reasonable care regarding safety in the workplace.

Bullying consists of incidents over time as opposed to a one of occurrence.

Code of Practice for Employers and Employees – Bullying at Work

The HSA have created the code of practice document for the prevention and resolution of bullying matters at work.

Bullying in the code of practice is described as :

“Workplace bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could be reasonably regarded as undermining the individual’s right to dignity at work.

Harassment and bullying are legally distinct concepts.

Harassment is defined under the Equality Act of 1998.

Harassment can include conduct, such as, spoken works, written words etc. which are unwanted conduct and which relate to one of the discriminatory grounds under the Equality Acts.

Employers have a duty prevent conduct likely to cause a risk to employee health and wellbeing at work.

Employers must act reasonably to prevent injury to the person, should deal with complaints made by the worker, and put in place a response.

A Safety Statement and an effective workplace anti-bullying policy should be in place.

Consultation with employees on health and safety matters is required by the Safety, Health and Welfare at Work Act 2005.

There are legal protections for employees under Employment Law and Tort Law with respect to personal injury claims, for employees where employers have not upheld their obligations under the law.

Personal Injury Guidelines

The personal injury guidelines detail in categories A. and B. damages which can be awarded in a workplace PTSD personal injury claim.

The level of the award will be assessed on the basis of the following considerations :

Age;

Interference with quality of life and education;

Impact on work;

Impact on interpersonal relationships;

Whether medical assistance has been sought;

Nature, extent and duration of treatment undertaken and/or medication prescribed;  Likely success of treatment;

Prognosis, to include any future vulnerability;

The extent and/or nature of any associated physical injuries.

Category A. deals with Psychiatric Damage Generally.

With respect to severe psychiatric damage the award sum range is between €80,000 – €170,000.

With respect to serious psychiatric damage the award sums range is between €40,000 to €80,000.

With respect to moderate psychiatric damage, the award sums range is between €15,000 – €40,000.

Category B. of the guidelines deals with post-traumatic stress disorder.

This is as a result of psychological trauma from witnessing or being involved in the traumatic event.

With respect to severe PTSD the award sum range is between €60,000 – €120,000.

With respect to serious PTSD the award sums range is between €35,000 to €80,000.

With respect to moderate psychiatric damage, the award sums range is between €10,000 – €35,000.

With respect to minor PTSD, the award sums range is between €500 – €10,000.

In a workplace PTSD claim the negligence and liability matter will need to be assessed and the principles laid out in Kelly v Hennessey will also need to be considered and applied to the specific facts.

Kieran Cleary and Roger Cleary, Personal Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or  (052) 612 1999 or our email address is info@clearysolicitors.com