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Claiming for Workplace Stress & Anxiety

Introduction


Workplace stress can lead to long-term psychological damage, resulting in employees resigning due to intolerable working conditions. In such cases, employees may file a complaint with the Workplace Relations Commission (WRC) for unfair constructive dismissal, which often falls short in compensating the total damages suffered. In cases of recognized psychiatric or psychological injuries, employees should file personal injuries claims alongside employment law proceedings.


Bringing a Claim for Workplace Stress & Anxiety



Psychological damage is difficult to measure and quantify, making it difficult for assessors to determine its impact. The Personal Injuries Guidelines were established by the Judicial Council in 2021 under the Judicial Council Act 2019 to identify appropriate levels of damages for different forms of personal injuries. The guidelines aim to enhance understanding of the evaluation and allocation of compensation for personal injuries to achieve more uniformity in awards.


Factors Considered for Workplace Stress & Anxiety Compensation


Trial judges should prioritize the principles of the Court's jurisdiction when awarding general damages, ensuring they are equitable and fair to both the claimant and defendant. Awards should be commensurate with the injuries sustained and consistent with awards typically granted in cases involving injuries of varying severity. Recovery is only allowed for identifiable psychological impairment in the absence of physical harm, and instances of anger, sorrow, sadness, disappointment, and humiliation do not warrant compensation.


Compensation for Workplace Stress & Anxiety Claims


There are four categories of psychiatric damage: severe psychiatric damage (€80,000-€170,000), serious psychiatric damage (€40,000-€80,000), moderate psychiatric damage (€15,000-€40,000), and minor psychiatric damage (€500-€15,000.


In severe cases, compensation may be between €80,000-170,000, while in moderate cases, compensation may be between €15,000-€40,000.


In minor cases, compensation may be between €500-€15,000.


Post-Traumatic Stress Disorder (PTSD) can be classified into four categories: severe PTSD, serious PTSD, moderate PTSD, and minor PTSD.


Severe PTSD can result in compensation of €60,000-€120,000, serious PTSD between €35,000-€80,000, moderate PTSD between €10,000-€35,000.


Minor PTSD can result in compensation of €500-€10,000, with symptoms resolving within two years.


These cases involve a reactive mental disease that occurs after experiencing or witnessing a terrible incident, leading to psychological trauma.


Conclusion


Each case is different and awards may vary. Please speak to one of our solicitors by emailing contact@crushell.ie.


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