Introduction
Work-related stress, anxiety and depression are among the most common causes of sickness absence in the UK. If your mental health has been harmed by unsafe workloads, bullying, traumatic incidents or a failure to support you properly, you may be able to claim compensation.
This page explains when employers are legally responsible, what evidence helps most, and how to start a claim.
At a glance
- Around 875,000 workers suffered from work-related stress, depression or anxiety in 2022/23, making it the leading cause of work-related ill health (Source: WAAC analysis of the HSE data published 12/2024)
- You can claim for psychiatric injury such as stress, anxiety, depression or PTSD if employer failings caused or worsened your condition.
- Typical causes include excessive workload, bullying and harassment, poor support after incidents, and unmanaged return-to-work processes.
- Key evidence includes GP notes, referrals, therapy records, emails raising concerns, incident reports and witness statements.
- Most claims run on a No Win No Fee basis and can include lost earnings, treatment costs and future care.
Common causes and symptoms
Work-related psychological injury can arise from many situations. Common causes include:
- Unmanageable workload, unrealistic targets, inadequate staffing or lack of training.
- Bullying, harassment or victimisation by managers or colleagues.
- Exposure to traumatic events at work without proper support or debriefing.
- Poor handling of performance or disciplinary processes.
- Failure to make reasonable adjustments for a known health condition.
Typical symptoms include sleep disturbance, panic, low mood, intrusive thoughts, loss of concentration and withdrawal from normal activities. Speak to your GP promptly and ask for your symptoms to be recorded.
Helpful external guidance: HSE stress at work, NHS mental health help, ACAS stress at work.
When is my employer legally responsible?
Employers owe a duty of care to take reasonable steps to protect employees from foreseeable risk of injury, including psychiatric harm. Liability may arise where the employer knew, or ought reasonably to have known, that you were struggling and failed to act. Indicators include repeated sick notes for stress, written complaints, incident reports, or observable signs of distress.
Examples where claims commonly succeed:
- You repeatedly raised workload concerns and asked for support, but nothing changed and your GP later diagnosed work-related depression.
- You reported bullying with dates and examples. No investigation took place and the behaviour continued, leading to a diagnosed anxiety disorder.
- You experienced a traumatic incident at work. No debriefing or counselling was offered and you developed PTSD symptoms.
Related reading: Reasonable adjustments after injury, Disciplinary action while off sick.
What should I do now?
- See your GP early: get symptoms recorded, ask about a fit note, medication and talking therapy options. GP records are vital evidence.
- Report concerns in writing: notify your manager or HR and keep copies. Use your employer’s stress, bullying or grievance policy if relevant. See how to raise a grievance.
- Record everything: keep a diary of incidents, triggers and their impact on sleep, daily life and work. Save emails, messages and meeting notes. Use our guide: How to gather evidence after a work accident.
- Ask for adjustments: explore workload changes, role tweaks, flexible hours or redeployment. Guidance: Reasonable adjustments.
Am I eligible to claim?
You can usually claim if:
- Your condition was diagnosed in the last 3 years, and
- Employer negligence caused or materially worsened your psychological injury, and
- Medical evidence links your symptoms to work.
Unsure if you qualify? Start here: Do I have a claim and The claim process.
How much compensation can I claim?
Compensation has two parts:
- General damages: for pain, suffering and loss of amenity, assessed with reference to the Judicial College Guidelines for psychiatric harm and PTSD.
- Special damages: financial losses such as therapy costs, prescription and travel expenses, lost earnings, future loss of earnings, and care or support.
If you have had time off work, keep payslips and fit notes. If you pay for therapy to recover sooner, retain invoices so costs can be claimed back.
Get an estimate with our tool:
Evidence that strengthens a stress claim
- GP and therapy records, prescriptions and referral letters.
- Fit notes citing work-related stress or anxiety.
- Emails or messages reporting concerns and management responses.
- Incident reports, investigation outcomes or grievance documents.
- Witness statements from colleagues or family about impact and changes.
- A personal diary charting symptoms and their effect on daily life.
Useful guides: Gathering evidence checklist, Keeping medical records and treatment notes.
The independent medical assessment
As part of your claim you will attend an independent assessment with a suitably qualified expert, for example a psychiatrist or clinical psychologist. The expert will review your medical history, discuss symptoms and treatment, and provide a prognosis. Their report is central to valuing your claim.
More detail: What happens at a medical appointment and The role of medical experts.
No Win No Fee stress claims
Most cases run under a Conditional Fee Agreement. You pay nothing upfront. If your claim succeeds, a capped success fee is deducted from your compensation. If it does not, you pay nothing.
Learn more: No Win No Fee and How solicitors get paid.
FAQs
Can I claim if I already had a mental health condition?
Yes. You can claim if work materially worsened a pre-existing condition. The medical expert will assess your baseline and how work factors aggravated your symptoms.
What if I never made a formal complaint?
You can still claim, but written complaints strengthen the argument that harm was foreseeable. If you raised issues informally, note dates, who you spoke to and what was said.
Will I need to go to court?
Very few cases reach trial. Most are resolved through negotiation once medical evidence and records are exchanged.
Is counselling available through the claim?
Often yes. Insurers may fund early treatment where it aids recovery. Ask about interim payments or rehabilitation support. See early intervention and rehabilitation.
External references
- HSE: Mental health at work - provides guidance on managing workplace stress and preventing psychological injuries.
- GOV.UK: Compensation after an accident or injury - explains the process for claiming compensation for psychological injuries, including stress-related claims from workplace incidents.
- Acas: Advice on employment law - offers insights on workplace rights and employer responsibilities to address stress and mental health issues.
- NHS: Every Mind Matters - Tips for working from home - provides practical advice for managing mental wellbeing, relevant for stress-related workplace injuries.
About the author
Chris Salmon is a legal commentator and co-founder of Quittance Legal Services. He has written extensively about workplace accidents, employment rights and the claims process. Chris's work has been cited in national media and he regularly contributes practical guidance to help injured workers understand their options.
Last reviewed September 2025 by Chris Salmon