Personal Injury to an employee does not just mean a physical injury, but can include psychiatric injury or harm. All employers have a common law duty implied into the contract of employment and a statutory duty under the Health and Safety at Work Act 1974, to take reasonable care of their employees health and safety.

Where a breach of the employers duty results in injury (including for example psychiatric injury caused by unreasonable levels of stress) to an employee, they may have a personal injury claim against their employer. Employers are required to take out insurance to cover any claims by employees for such injury.

A breach of the employers duty to take reasonable care of their employees health and safety may amount to a fundamental breach of the employment contract which is sufficient for the employee to resign and claim constructive dismissal in the Employment Tribunal.

All employers regardless of size are required to carry out a risk assessment of potential risks to their employees health and safety whilst at work.

An employee also has an implied duty to take reasonable care for their own and others' health and safety whilst at work.

Employers are required to provide a safe place and system of work and safe tools and equipment.

An employee may suffer personal injury including psychiatric injury as a result of acts such as bullying and victimisation by a co-worker. In these circumstances an employer may be vicariously responsible for the acts of the co-worker, particularly if he is aware of the situation and no action has been taken to stop it.

For an employer to be liable for psychiatric damage caused to an employee by stress at work, it must be proven that the employer was negligent or in breach of his contract and that there was a real risk of injury, which was reasonably foreseeable.

Where an employer is aware of an employee's particular vulnerability to a stress-related illness, then there will be a duty to protect an employee from the stress reoccurring.

As an employee, you should be aware that if you feel that your employer is in breach of his duty to take reasonable care of your health and safety, then you must first bring the matter to your employers attention through the company's internal grievance procedure before commencing a claim in the Employment Tribunal.

There are strict time limits for commencing claims in the Employment Tribunal and Courts.

If you believe you have a claim against your employer please complete our Free Online Assessment Form, now. We will then respond to you usually within 48 working hours, including a free, initial assessment of your claim.

Alternatively you can download the free initial assessment form and send it to net employment solicitors at the address on our contact page.