£250,000 Compensation for a Psychiatric Injury
In this case study, the claimant was a male, who experience a fall of some 30 feet whilst at work. As well as the physical trauma, they were left with a psychiatric injury in the form of Post-Traumatic Stress Disorder (PTSD).
The 54-year-old male encountered some faulty scaffolding, which caused him to fall whilst performing a routine inspection which was part of his job. Physically, the victim suffered fractures to some of the vertebrae of his spine, a head injury and several fractures to other bones in his body. However, the PTSD psychiatric injury at work he suffered as a direct result of this fall was a long-lasting effect which seriously affected his life. He also suffers from ongoing chronic pain disorder. The combination of the pain and the psychiatric injury symptoms have meant the victim is now unable to work.
It is possible to pursue psychiatric injury claims against an employer in such cases, something that Legal Expert can assist with. In this case, the sufferer was awarded £250,000 in compensation.
How Common are Psychiatric Injury Claims for Stress and Depression?
Both stress and depression are very common psychiatric conditions in the UK. Therefore, it follows that psychiatric injury claims for stress and depression are equally common.
Stress is evident in 4.4 out of every 100 people in the UK, many of these people will have a valid reason to claim post traumatic stress disorder compensation.
Depression is evident in 3.3 out of every 100 people in the UK, and many of these people will have some type of cause to claim depression compensation.
Details of the Claimants Injuries
In this specific case, the psychiatric injury damages were calculated as only part of the claim, the physical injuries the victim suffered were also folded into the compensation amount. Specifically:
- A severely damaged back with several broken vertebrae.
- A number of minor fractures to other parts of his body.
- A mild head injury.
Furthermore, when it came to calculating the psychiatric injury compensation paid in this case, the long-term effects on his life of the ongoing chronic pain had to be included. Here we can see that in many cases, PTSD compensation payouts will only make up part of the full claim.
Establishing Liability for a Psychiatric Injury at Work
As with most PTSD compensation examples, before the post traumatic stress disorder compensation to the value of £250,000 was paid, there was a need to prove that the employer was liable.
Every employer is required to provide a safe and secure working environment for its employees. The employer will also need to operate within the legal requirements laid in Health & Safety legislation. In this specific case, the employer was found to have failed to provide a safe environment for the victim, which directly caused the accident. Therefore, the employer was liable to pay compensation.
The Psychiatric Injury Compensation Settlement
With post traumatic stress disorder compensation UK law allows for the claimant to pursue damages for less tangible physical effects of an accident, such as depression compensation.
In this specific case, damages were paid for a number of different reasons, and these include:
- General damages – for the actual physical injuries caused by the accident. The fractured vertebrae, mild head injury, and other minor fractures. There would also have been a provision for the psychological effects of the accident including the PTSD the victim now suffers from. Finally, the chronic pain that the victim will now need to live with for the foreseeable future, will have factored in the calculation of the compensation pay-out amount.
- Special damages – the victim will have claimed for out of pocket expenses, and also for legal costs. However, there is an additional type of special damages paid in this specific case. The claimant was awarded £250,000 and part of this payment will have been made to make up for loss of earning, due to the fact that the victim could not work following the accident due to the psychological trauma and physical injuries.
This is a typical claim in many ways, as we see compensation being paid for not only the injury itself but also for the effect the injury has upon the financial security of the victim, specifically the reduced capability to earn a living, through being unable to go back to work following the accident.
No Win No Fee Solicitors
If you believe you have suffered some form of psychiatric injury, and the fault is not yours, then you might be able to claim some compensation. If you lack the resources to pay the ongoing legal costs our of your own pocket, then using a no win no fee solicitors is a logical choice.
When a legal firm takes on your claim under a no win no fee agreement, then you really have nothing to pay until the end of the case. And then you only pay if you were actually awarded a compensation pay-out. If you don’t win, you don’t pay.
Contact Legal Expert Today
Have you recently been the victim of a psychiatric injury which was not our fault? Would you like to find out if you have a chance of being awarded compensation for your injury? If you answered yes to both of these questions, then give Legal Expert a call on 0800 073 8804. Once we know a little more about the specific circumstances of your case, we will tell you immediately if we can offer you a Conditional Fee Agreement (CFA), meaning you don’t pay us anything until we win your compensation for you.
Information from the NHS on post traumatic stress disorder including treatment and causes.
MIND charity providing information on mental health issues.
An in-depth self-help guide to PTSD.