Blog Layout

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.


Share

How much compensation for stress at work?

Compensation for Stress at Work

by RG343171 • 11 Mar, 2024
In this article, we examine the circumstances that give rise to a personal injuries claim for the stress and anxiety caused by a toxic working environment.

Right to Silence in Workplace Investigations?

13 Feb, 2024
The case of Electricity Supply Board -v- Kieran Sharkey [2024] IEHC 65 examines whether an employee has a right to silence in the context of workplace investigations. The Electricity Supply Board (ESB) (the Plaintiff) brought a case against Mr Sharkey (the Defendant) alleging that his failure to answer certain questions, in the context of a workplace investigations that was also subject to parallel criminal proceedings, amounted to a repudiation of his contract of employment or, in the alternative, that the ESB was entitled to treat his contract of employment as having been terminated by him.
Section 3 of the Immigration Act, 1999

Department of Justice Form 3 Appeal

26 Jan, 2024
The Form 3 is used when an individual wants to make a representation to the Minister for Justice and Equality pursuant to Section 3 of the Immigration Act, 1999. It is an appeal to a decision of the Minister for Justice in respect of an immigration application.
Determining an Employer

Agency Workers, Determining an Employer and Redundancy Payments

03 Jan, 2024
The case of Amanda Craddock v Head–Hunt International Limited (ADJ00036831) examines the circumstances under which a redundancy payment would ordinarily be payable to an agency worker.
Claims before the WRC

Frivolous and Vexatious - The Various Case of Leon O'Connor

18 Dec, 2023
In this article, we consider what will be considered frivolous or vexatious, by the Workplace Relations Commission (WRC), when a complaint is presented to them we do so by examining several claims initiated by Mr. Leon O’Connor against various companies.

Maximum Compensation for Penalisation Claim

22 Nov, 2023
In this article, we note the wide discretion that an Adjudication Officer has to make an award under the Protected Disclosures Act, 2014, noting that the award of maximum compensation of five-year salary, can be just and equitable, in certain circumstances.
Show More
Share by: