What counts as a recoverable psychiatric injury?
A recognised psychiatric illness diagnosed against ICD-11 or DSM-5 criteria. Common diagnoses include post-traumatic stress disorder (PTSD), depression, anxiety disorder, adjustment disorder, and complex PTSD. Mere distress, anger, or upset that does not amount to a clinical diagnosis is not compensable as a free-standing head of damage.
Primary vs secondary victims
A primary victim — someone directly involved in or threatened by the accident — recovers on the same basis as for physical injury. A secondary victim — someone who witnessed harm to another — must satisfy the Alcock control mechanisms (close tie of love and affection, proximity in time and space, direct perception). Most workplace claims involve primary victims and the Alcock hurdles do not arise.
Compensation ranges
Under the Judicial College Guidelines 17th edition: general psychiatric damage — minor £1,540 – £5,860, moderate £5,860 – £19,070, moderately severe £19,070 – £54,830, severe £54,830 – £125,510. PTSD — minor £4,820 – £10,180, moderate £10,180 – £28,250, moderately severe £28,250 – £73,050, severe £73,050 – £125,510.
Expert evidence
A CPR Part 35 report from a consultant psychiatrist (or in some cases clinical psychologist) is required. The expert will diagnose against ICD-11/DSM-5, address causation (whether the accident materially caused the disorder), prognosis, treatment recommendations, and whether the worker can return to the pre-accident role.
Treatment and rehabilitation
CBT, EMDR (for PTSD), and pharmacological treatment are routinely funded through interim payments under the Rehabilitation Code 2015. Early treatment improves both the prognosis and the quantum of damages — insurers are usually receptive to funding it.
Can I claim for stress alone without a physical injury?
Yes, but you must show a recognised psychiatric illness, not just upset. Hatton v Sutherland [2002] EWCA Civ 76 sets the test for work-related stress claims.
Will I have to relive the trauma in evidence?
Most claims settle without trial. Where a hearing is needed, the court will use special measures (screens, video link, breaks) where appropriate.
Is my claim weaker if I had previous mental health issues?
No. The 'eggshell skull' rule means the defendant takes the claimant as they find them. Pre-existing vulnerability does not reduce damages for the accident-caused exacerbation.
Browse every plain-English guide in the work accident guides hub, or read the main guide to how a claim works.
This guide is for general information only and does not constitute legal advice. Every claim turns on its own facts. For advice about your specific situation, speak to a regulated solicitor. You can find one through the Find a Solicitor service (Law Society) or through APIL.