Stress effects – Material contribution and psychiatric injuries in claims for occupational stress

• Publication date: February 2021
• Publication: PI Focus Magazine
• Information type: Article

This article by Richard Edwards explores the complex legal issues of causation, vulnerability, and apportionment in occupational stress claims. Drawing on key case law, including Sutherland v Hatton, Bailey v MOD, and Konczak v BAE Systems, it examines how courts determine whether an employer’s actions materially contributed to an employee’s psychiatric injury, particularly when other life stressors or pre-existing conditions are involved. It highlights the importance of foreseeability of harm and the need for a careful approach to obtaining expert psychiatric evidence. It also considers how the courts approach the question whether or not psychiatric injuries are divisible or indivisible when assessing liability and the award of damages.

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Stress effects – PI Focus Magazine February 2021 (PDF: 498 KB)

This article does not represent legal advice. All claimants require specialist bespoke advice about their own individual claims from expert lawyers. If you require advice about any issue covered by this article, please contact our offices and ask to speak to Richard Edwards.