Mental health compensation claims

Whether or not you still work for the employer you are thinking of claiming against, you can make a mental health claim for workers' compensation. Many people are concerned about losing their job if they claim against a current employer. However, this would be illegal. 

If you are claiming for the psychological impact of an injury you sustained at work, your employer is obliged to have kept a record of it in an accident book (as long as they employ at least 10 people). This can be used as evidence for your case. If there was no accident book, you can record the accident yourself and send a copy to the management. 

Some forms of evidence that are useful to us if you want to make a mental health personal injury claim against your employer are: 

• Written and/or photographic evidence of communications from work that led to you experiencing stress, anxiety or general distress.
• Witness accounts of how the employer has had a similar effect on other employees.
• Any proof you have that your employer is flouting risk assessments regarding mental wellbeing.
• A written account of what was said and done shortly after an incident that triggered a mental health issue (ideally with the date of writing on it).
• Records of any resulting expenses, such as prescription charges and lost earnings due to time you had to take off work.

To prove negligence, here are some additional forms of evidence that could be helpful to us:

• Medical reports that explain the distress this has caused you
• Clear information about how long it has been going on for
• Testimonials from witnesses of your distress
• Any hard evidence you can give us about the negligent actions that started this

If you're based in the UK and thinking about claiming compensation for your mental health, you're probably wondering what your payout could be. 

Everyone's circumstances are different, so this is something we can gauge better when we know the details about what happened. We use the latest edition of the Judicial College Guidelines to determine what level of compensation you're entitled to.

Mental health compensation payouts are calculated according to two categories: 

• General damages: This covers things that are hard to quantify, like the severity of any mental suffering and any lost prospects because of negligence.  
• Special damages: This covers any calculable costs that resulted from the negligence, such as lost earnings, prescription fees, or the costs of having to outsource the care of your children or family members.

There are three ways you can get started.

1. Use our mental health compensation calculator to see what your payout could be. You can then leave your details with us to get back in touch. 
2. Call us on 0800 587 0344. Our lines are open 8am-9pm Monday-Friday, 9am-6pm on Saturdays, and 9:30am-5pm on Sundays.
3. Request a call back and let us know when you would like us to reach out.

If we think you can make a successful mental health negligence claim, we'll offer to put you in touch with one of our firms that we feel can best represent you. The following steps typically then take place: 

1. You'll provide your solicitor with the background and provide supporting evidence, such as photographs, medical records and details of any witnesses. 
2. Your solicitor will contact the party you're claiming against to let them know. 
3. If the party accepts blame, a mental health compensation payout will be agreed. Should they opt to contest it, your solicitor will begin negotiations. 
4. If your mental health claim is successful, you'll receive a compensation payout. A pre-agreed success fee will be deducted by your solicitor. If your claim is unsuccessful, there will be nothing to pay provided you had insurance.

Read more about the claims process here.

We want to make claiming compensation an option that's accessible to everyone. Therefore, if we think you have a potentially successful mental health compensation claim on your hands, we'll offer to take it forward on a no win no fee basis. This means that if you lose, you don't pay us a penny. If you win, you'll simply pay us an agreed percentage of your compensation. 

Your solicitor will have a conversation with you about insurance, which they can arrange for you. This ensures you're covered against paying the other party's legal fees.

Yes, you may be permitted to act as a 'litigation friend' for a loved one. The Mental Capacity Act 2005 is in place to protect those who are unable to make decisions for themselves due to a medical condition. As long as you have a good knowledge of their medical treatment and the incident you're seeking to claim for, this could be possible. 

You may also be able to claim on behalf of your child if they are under 18. Once they turn 18, they will have until their 21st birthday to claim for themselves.