Can you claim for stress, trauma, or psychological harm at work?

Stress at work is very common – but when that stress becomes overwhelming, traumatic, or begins to affect your health, many people wonder whether they have any legal rights.

If your mental wellbeing has suffered because of what happened at work, you may be unsure whether it “counts” as a personal injury, or whether you could make a claim.

If you are experiencing stress, trauma or psychological harm due to your working environment, it is important to understand your rights. At Calio Claims, our specialist solicitors can assess your situation and advise whether you may be entitled to compensation.

Call us today on 0800 458 0826 or complete our online contact form for clear, confidential guidance tailored to you.

What counts as psychological injury in Scotland?

In Scotland, you can make a personal injury claim for psychological injury at work if you are suffering from a recognised medical or psychiatric diagnosis, such as anxiety, depression, PTSD or a stress-related disorder; and there is a clear link to your working conditions or a specific workplace incident.

You do not need to have suffered a physical injury at the same time. Psychological injury can stand alone, provided it is properly diagnosed and connected to your employer’s actions or failings.

Commonly recognised conditions can include:

• Post-traumatic stress disorder (PTSD)
• Adjustment disorder
• Anxiety disorders
• Depression linked to workplace events or pressures

A diagnosis from a GP is often required in the first instance, and in a claim, an independent medical expert would normally provide a full psychiatric assessment.

When can you claim for work-related stress or trauma?

Not all workplace stress will give rise to a legal claim. Many jobs involve a degree of pressure, and the law recognises this.

However, you may be able to claim compensation if your employer:

• Failed to take reasonable steps to protect you if they knew, or ought to have known, that you were exposed to a risk of psychological injury.
• Allowed unsafe or traumatic conditions to continue, when these could have been avoided; or
• Exposed you to behaviour or events that no reasonable employer should permit.

Some examples include:

Bullying, harassment or intimidation

If an employer ignores repeated complaints about bullying or harassment, and you develop anxiety, depression or another recognised condition as a result, you may have a claim.

Traumatic or distressing incidents

Workers exposed to traumatic events, for example emergency responders, health and social care staff, or those who witness serious accidents may suffer PTSD or similar conditions. If proper support or training was not provided, an employer may be liable.

Excessive workload or unsafe work practices

In some cases, extreme workload pressure or chronic under-staffing can result in stress-related illness. A claim may be possible where the employer knew the pressure was causing harm but did nothing.

Failing to follow health & safety procedures

If poor systems, lack of training or inadequate risk assessments lead to psychological harm, this may also meet the threshold for negligence.

What do you need to prove?

To succeed in a psychological injury claim in Scotland, you need to prove:

1. A recognised psychiatric injury
   A formal diagnosis from a GP or mental health professional is essential.
2. Negligence on the part of your employer
   This means they failed in their duty of care towards you as an employee.
3. That the psychiatric injury was foreseeable
   What the employer knew, or ought to have known, at the time of the incident or stress.
4. That their negligence caused or contributed to your condition
   The law requires a clear link between your symptoms and what happened at work.

Because psychological injury can develop over time, evidence is especially important.

Useful, and sometimes essential, evidence can include:

• GP records and any referrals to counselling or psychiatric services
• Written complaints or emails to management
• Incident reports or HR records
• Witness statements from colleagues
• Occupational health assessments
• Any workplace investigations or findings

Every case is different, and by contacting a personal injury solicitor, they can help you identify what will be most useful.

Time limits for bringing a claim

In most Scottish personal injury cases, you have three years from the date of the incident or, when you first became aware your condition was linked to your work.

This rule applies to psychological injuries as well. Because stress and trauma can develop gradually, the “date of knowledge” may be relevant. At Calio Claims, we would always recommend seeking legal advice as soon as you possibly can.

How are psychological injury claims valued?

Compensation varies depending on:

• The severity of your symptoms
• The length of time they affect you
• Any impact on your work, home life or relationships
• Whether you needed time off or treatment
• Whether your condition is expected to improve

You may be able to claim for:

• Pain and suffering (the injury itself)
• Lost earnings if you were unable to work
• Treatment costs, including therapy
• Future losses, if your condition is ongoing

If you think you may have a claim, we can give you clear, practical advice tailored to your circumstances.