What is the difference between post-accident psychiatric injury
Post-accident PTSD/anxiety — follows physical traumatic event; lower threshold — link to /psychological-injury-after-work-accident; Occupational stress — no physical accident; higher Hatton threshold
What are the Hatton criteria for an occupational stress claim?
Hatton v Sutherland [2002] EWCA Civ 76 — 16 practical propositions; key: employer liable only if psychiatric harm foreseeable to this particular employee; employer must know of vulnerability; general workplace pressure not enough; employer must fail to take reasonable steps after knowledge
What evidence is needed for an occupational stress claim?
GP records of stress-related illness; evidence employer was told of distress; sickness absence records; emails/communications showing workload issues raised; psychiatric report establishing clinical diagnosis
How is an occupational stress claim valued?
JCG 17th edition — psychiatric injury chapters; moderate psychiatric damage: £7,150 to £23,270; severe: £59,860 to £100,670
What is the time limit?
Three years from date of knowledge — when claimant knew condition was significant, caused by work, and employer responsible; often around date of breakdown or formal diagnosis
Related questions
Can I claim for burnout caused by overwork?
Burnout alone is not easily compensatable without a recognised psychiatric diagnosis. However, if overwork caused a diagnosable condition — such as an adjustment disorder, anxiety disorder or depressive episode — and your employer knew of the risk to you specifically and failed to act, you may have a claim.
Is this different from an unfair dismissal claim for stress?
Yes. A personal injury claim and an employment tribunal claim are separate routes. An employment tribunal claim addresses how you were treated as an employee; a personal injury claim compensates you for the psychiatric harm itself.
What if I never told my employer I was struggling?
Under Hatton, employer liability generally requires the employer to have known — or to have had reason to know — that you were at risk. Telling your employer (in writing if possible) is important evidence.
Can you claim? Find out in four quick steps.
Enquiries may be referred to SRA-regulated UK solicitor firms where appropriate. No win, no fee is subject to solicitor assessment of your individual case.
0800 000 0000Where did the accident happen?
Pick the setting closest to your situation.
Sources
- Hatton v Sutherland [2002] EWCA Civ 76
- Barber v Somerset County Council [2004] UKHL 13
- JCG 17th edition
- Limitation Act 1980
This answer is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.