Claim Compensation For Psychological damages

Psychological injury may often go unnoticed, either because you’re trying to deal with the immediate effects of an accident or injury, or simply because it’s not visible and is ignored, either by the victim or others around them.

It’s important to realise you may have suffered psychological injuries and that you could be entitled to claim compensation for the injury and the ongoing emotional trauma. To make an enquiry today you can complete an online enquiry form, call us on 1890 989 289 or email us on  info@gibsonandassociates.ie to receive impartial, expert legal advice from Gibson & Associates.

What types of psychological injury might you have suffered?

In addition to physical injuries as a result of someone else’s negligence or failure in their duty of care, you could also be a victim of psychological injury as a result of someone else’s actions. This could include psychological injury such as occupational stress [work-related stress], work-place harassment, and post traumatic stress disorder because of a crime or a psychological illness due to childhood abuse.

How do I know I have a claim?

You should ensure you gather as much evidence as you can because psychological injuries are perhaps not as obvious as physical ones. At Gibson and Associates we have an impeccable track record of helping clients make claims for psychological injuries they’ve suffered. We’ll take the time to listen to the details of your case and help you to pinpoint the vital information you need to succeed in your claim.

Psychological injury claims relating to work stress or harassment:

In the case of injuries caused by work stress or work harassment, before you can really make a claim, you need to make sure you have a medically recognised psychiatric illness or injury.

Your work must have posed a risk to your psychiatric health and the employer must have known that you were exposed to that level of risk, particularly being aware of you as an individual.  It’s important with this type of injury to note that there is reasonably expected to be a certain amount of stress in the workplace. It’s when this becomes unmanageable or unreasonable that you may have a case against your employer. Your illness must have been added to, or caused by work stress, meaning that the employer breached their duty of care.

Work place stress

In order to build up a robust case it will help if you have previously contacted your employer regularly about your illness. It’s a good idea to have written evidence of it being reported as frequently as possible to your line manager. You must also have sought medical help.

Work place harassment

If you’ve experienced harassment at work, you should make sure you make a note of the date, the time and the location of the incidents. Make sure you record what was said or done and make a note of any witnesses. Also, see if you know of any other similar incidents that have happened to other workers. Write down how it made you feel and the effects it had on your health and your work.

If you feel that talking to the harasser or talking to a manager will not be helpful, or you have done and the situation is still the same, then you may wish to make a harassment claim in the employment tribunal under the Equality Act.

How do you know when your psychiatric illness becomes a personal injury?

This is a simple one – the employer must have been aware of illness and known that aspects within their control were in effect, making your illness or injury worse. If at this point they did nothing, they have ‘breached their duty of care.’

Psychological injury claims relating to post traumatic stress

Have you suffered from post-traumatic stress disorder following an accident or crime? If a clinical psychologist or psychiatrist has diagnosed your PTSD then you are in good position to make a claim. In order to make a claim it’s a sensible idea to contact a solicitor, who will then need to arrange for an independent medical consultant to see you and make an official report. This will describe how severe your anxiety is and how long it’s expected to affect your life.

Psychological injury caused by childhood abuse

It’s possible to claim for distress and long-term effects caused by childhood abuse, if you’re an adult now and even if you are still a child. Compensation can pay for loss of earnings caused by the illness, or pay for therapy or counselling.

There are a few different options open to you for making a claim; you can try to sue the organisation or abuser that was supposed to be looking after you. If you’re still under 18, you’ll need an adult to represent you. You can get criminal compensation if the abuser has been prosecuted.

You can make a claim to the criminal injuries compensation authority. If you sue an abuser, you need less material proof than if you take the person to court.

Get in Touch Today

If you are in Ireland and want to make a claim, get in touch with Gibson & Associates today for expert advice. Call us now on 1890 989 289 or complete our Online Claim Assessment now. You can also read more information about our personal injury* services here.

For information about our team, head to our ‘Why Choose Us’ page. It explains everything you need to know about the compensation claim process, and you can also find out more information about our experienced personal injury* solicitors.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement

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