Page 31 - WMPF Federation Aug-Sept 2017

What constitutes

work-related stress?

By David Miers psychiatric condition. We can assist by something which the Force did (or failed to do)
Associate in personal requesting copies of their GP records but a contrary to law, which has caused the illness.
injury at Slater and good indicator is that the member has been to We often ask members what their force could
Gordon see their GP because of occupational stress. have done to prevent the harm they have
The second issue is a threshold question: suffered. Examples may include:
Stress in its simplest was the psychiatric injury reasonably l A failure to refer the member to
form can actually be a foreseeable? The key consideration for the occupational health
good thing. Many of courts is deciding whether the member’s force l In an overwork case, a failure to re-allocate
us actually need knew, or ought to have reasonably known, work appropriately
stress to perform at about how work was affecting their health. l In a bullying case, failing to investigate the
our best. However, it can be dangerous and it is This unfortunately is the bar to so many member’s complaints and perform a risk
when stress becomes too much and manifests claims. Good examples of where the force may assessment.
into something more serious such as a have had foresight include: The final test is whether the breach of duty
recognised psychiatric condition that it can l A previous work-related stress absence complained of caused the injury as opposed to
give rise to a potential personal injury claim. l Previously disclosed mental health other life stressors that we all commonly have.
One of the first questions we would ask a difficulties If you feel that the above applies to you
member is whether they have been diagnosed l The members complaining to their then we encourage you to speak with your
with a recognised psychiatric disorder. A claim manager that they were becoming ill (as work-based representative or Federation about
for damages cannot be made if someone is opposed to just stressed). your concerns.
suffering from “stress” alone. If you are struggling at work to the extent If you or a family member wishes to bring a
Common psychiatric disorders include it is affecting your health it is extremely claim please contact the PF Claimline on
depression, PTSD or generalised anxiety important that you let your work-based Freephone 0800 917 1999 or visit
disorder. A member may have been to see their representative or Federation know. pfclaimline.com where you will get advice free
GP because of work-related stress but can be Thirdly, it is necessary to show there has of charge. We hope you don’t need us, but if
unaware they have been diagnosed with a been a breach of duty and that it was in fact you do, we are here to support you.

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