Last updated 13th December 2024. In this guide, we will discuss when you could be eligible to make a claim for a work injury such as post-traumatic stress disorder (PTSD). For all personal injury claims, it is important to prove that you were owed a duty of care at the time of the accident and that this duty was breached, causing you harm. This includes psychological damage such as PTSD or other recognised conditions.
We will explain when your employer could be liable for a work-related PTSD claim and lay out the eligibility criteria that your claim must meet, including the relevant time limits.
Following this, we will discuss how work injury PTSD could occur and the evidence you could provide to support a personal injury claim. Additionally, we will look at how an accident at work compensation settlement could be calculated.
Finally, we will explain how a No Win No Fee solicitor could potentially benefit you and your personal injury claim.
If you would like to speak to a member of our team at any time, you can get in touch using the contact details provided in this guide. Our advisors are available 24/7 to provide you with free and confidential advice regarding your potential accident at work claim.
Contact Us:
- Call us on 0800 073 8801.
- Contact us online.
- Connect with an advisor using the chat option below.
Browse Our Guide
- Could I Claim For Work Injury Post-Traumatic Stress Disorder?
- How Could You Suffer Work Injury PTSD?
- Types Of Evidence Which Could Support Your Workplace Accident Claim
- What Could I Claim For Work Injury Post-Traumatic Stress Disorder?
- How Could A No Win No Fee Solicitor Help Me?
- Where Can I Read More On Work Injury Post-Traumatic Stress Disorder Claims?
Could I Claim For Work Injury Post-Traumatic Stress Disorder?
Under the Health and Safety at Work etc Act 1974 (HASAWA), your employer has a duty of care to take reasonably practicable measures to ensure that you are safe while at work. For example, they must perform risk assessments and provide proper training where necessary. Failure to carry out these measures could lead to personal injury, including damages for recognised psychiatric conditions such as PTSD.
There are eligibility criteria that your case must meet for you to be eligible to make a work-related PTSD claim. These are as follows:
- Firstly, your employer owed you a duty of care.
- Secondly, they breached this duty of care.
- Finally, as a result of this breach, you sustained a work injury like post-traumatic stress disorder.
This is the definition of employer negligence and must have occurred for you to have a valid personal injury claim. It is also important for you to consider the limitation periods applicable to workplace personal injury claims. You can learn more about this in the following section.
Alternatively, you can discuss your case directly with one of our expert advisors via the contact details above.
Limitation Periods Which Apply To Work Related Injury Claims
Under the Limitation Act 1980, you generally have three years to begin legal proceedings for an accident at work personal injury claim. Certain exceptions can apply to this time limit.
If you would like to enquire about these exceptions in connection with your work injury post-traumatic stress disorder claim, don’t hesitate to get in touch with our team today. They can also assess the eligibility of your potential accident at work claim for free.
How Could You Suffer Work Injury PTSD?
You could develop PTSD after being involved in an accident at work if your injuries were particularly traumatic or life-changing. For example:
- Limb amputations
- Paralysis
- A head injury
- Facial scarring
It is important to note that you may be eligible to make a personal injury claim whether you have suffered work injury post-traumatic stress disorder alongside or independently of any physical injuries. This would depend on the circumstances at the time of the incident.
Please speak to a member of our team for insight into whether you may have an eligible compensation claim.
Types Of Evidence Which Could Support Your Workplace Accident Claim
It is important to support your workplace accident claim by providing evidence that employer negligence has occurred. This could include:
- The copy of the accident book
- Contact details for any potential witnesses
- Photographic evidence
- CCTV footage
- A copy of your medical records
- A diary that you have kept documenting the progression of your PTSD and any other injuries
To further discuss the steps you could take after suffering work injury post-traumatic stress disorder, please speak to a member of our team. If you choose to work with a personal injury solicitor, they can help you to gather evidence and present your case.
What Could I Claim For Work Injury Post-Traumatic Stress Disorder?
For a successful accident at work personal injury claim, you could receive up to two types of damages. These are as follows:
- General damages – This compensates successful claimants for any mental harm, such as PTSD or pain and suffering caused by physical injuries. It considers the severity of the harm suffered and the impact it has on your quality of life.
- Special damages – This compensates successful claimants for the monetary losses they suffered as a result of their physical injuries or mental harm, such as loss of earnings, care costs, and travel expenses. You must provide evidence to claim for special damages. This could include payslips, travel tickets, and invoices.
The following table includes guideline compensation brackets for general damages. We created the table using the Judicial College Guidelines (JCG), which solicitors can also refer to when valuing accident-at-work claims.
Compensation Table Of Guideline Brackets
Type of Harm | Severity | Details on this Harm | Guideline Compensation Brackets |
---|---|---|---|
Multiple Injuries Plus Special Damages | Very Severe | This figure is not from the JCG, but represents several serious injuries including PTSD and a significant claim for financial losses usch as lost earnings. | Up to £1,000,000 or more. |
Arm Injury | Loss of Both Arms | A fully aware person is reduced to a state of considerable dependence on others. | £293,850 to £366,100 |
Loss of One Arm (i) | The person's arm has been amputated at the shoulder. | Not Less Than £167,380 | |
Paralysis | Paraplegia | The award will consider whether the person feels pain and to what extent, depression, the age of the person, and their life expectancy. | £267,340 to £346,890 |
Leg Injury | Loss of Both Legs | The loss of both legs above knee level or one leg lost at a high level above the knee and the other below the knee. | £293,850 to £344,150 |
Above-Knee Amputation of One Leg | One of the person's legs is amputated above the knee. | £127,930 to £167,760 | |
Post-Traumatic Stress Disorder | Severe | The person will suffer from permanent effects, which prevents them from functioning anywhere near the level they did before the trauma. | £73,050 to £122,850 |
Moderately Severe | With the help of a professional, the person will have a better prognosis than in the bracket above. | £28,250 to £73,050 | |
Moderate | The person will have largely recovered. Any persisting impacts will not be grossly disabling. | £9,980 to £28,250 | |
Less Severe | The person makes a virtually full recovery in 1-2 years. Persisting past this time will only be minor symptoms. | £4,820 to £9,980 |
Please consider this table a guide. If you would like a personal injury compensation estimate tailored to the details of your accident at work claim, call one of our advisors.
How Could A No Win No Fee Solicitor Help Me?
Have you often wondered what the term “No Win No Fee solicitor” means? A personal injury solicitor can offer various types of no-win, no-fee agreements. A popular one, which our specialist solicitors can offer, is a Conditional Fee Agreement (CFA).
Upon entering into a CFA with your solicitor, you could generally receive the following potential benefits:
- No solicitor service fees are to be paid upfront or while your claim is ongoing.
- No solicitor service fees will be charged to you at any time if your work injury claim is unsuccessful.
- Your solicitor can take a small success fee from the compensation in the event that you make a successful claim for work injury post-traumatic stress disorder. This is a small percentage that the law caps.
- Your solicitor will discuss all fees relating to the agreement before you enter the arrangement.
Call our helpline and allow one of our advisors to evaluate your accident at work claim for no cost. Should you have a valid claim for compensation, they may connect you with our No Win No Fee accident at work solicitors.
Contact Us For Assistance With Your Case
If you would like to discuss your potential work injury case today, please don’t hesitate to reach out to a member of our team. They are available 24/7 and will not obligate you to pursue your potential work injury claim with us.
Contact Us:
- Phone our claims team on 0800 073 8801
- Contact us online
- Connect with an advisor using the chat option below
Where Can I Read More On Work Injury Post-Traumatic Stress Disorder Claims?
Find more guides relating to accident-at-work claims on our website:
- £325,000 Compensation Payout For Post-Traumatic Stress Disorder
- What Are My Legal Rights After An Accident At Work?
- How Much Compensation Can I Claim for Stress at Work?
In addition to these guides, please take a look at some other resources that may be of help to you when making an accident at work claim:
- NHS – Mental Health
- GOV.UK – Statutory Sick Pay (SSP)
- The Health and Safety Executive (HSE) – Health and Safety Statistics
If you have been left with any queries relating to your potential work injury post-traumatic stress disorder claim, please use the contact details provided to speak to an advisor.