Claiming compensation for emotional trauma

Siteman21

Not to sure this is the right group but…..
I have been embroiled in a health and safety case / criminal investigation due to a death on a construction site. I have been pulled from pillar to post and my mental heath has taken a dive all the way through this process. The case started in 2019 where I was the site manager and the chap died in my arms. I have been undergoing therapy but I think about the situation everyday. I have been on hand to go to court but then the dates move and it’s prolongs the distress and emotional hurt. 

I have been told to claim compensation against the trial for my emotional state and my mental health. I’m looking for some advice to see if this is possible? 

sammyjammy

maybe some counselling would help, is someone to blame?  Who do you think should pay?

eskbanker

Siteman21 said:

Not to sure this is the right group but…..
I have been embroiled in a health and safety case / criminal investigation due to a death on a construction site. I have been pulled from pillar to post and my mental heath has taken a dive all the way through this process. The case started in 2019 where I was the site manager and the chap died in my arms. I have been undergoing therapy but I think about the situation everyday. I have been on hand to go to court but then the dates move and it’s prolongs the distress and emotional hurt. 

I have been told to claim compensation against the trial for my emotional state and my mental health. I’m looking for some advice to see if this is possible? 

Assuming you'd be seeking something from your employer, I'd have thought that it's more of an employment rights issue than a consumer rights one?

https://forums.moneysavingexpert.com/categories/employment-jobseeking-training

PHK

This is not really the right forum for legal advice but courts do not award payments for emotional upset, trouble, distress  etc. 

However, if for example you had lost money due to not being able to work at your normal job and you can prove someone was negligent (rather than it  just being an accident) then you could claim from the negligent person/organisation for verifiable losses provided you have done everything you could reasonably do to minimise the loss. 

As another example, if following the incident you required treatment you had to pay for in order to resume work and you can show someone was negligent and you have minimised your loss then you could sue for the costs involved. 

Please do speak with a specialist lawyer, but do be aware that often no-win, no-fee type cases can leave you with a lower amount and if you pullout before completion then you'll have to pay costs. 

sheramber

I think the O P wants to claim compensation because of the court delays.

Did you ask whoever advised to claim how to go about it?

PHK

To  be honest, I just assumed that because of the way it was written (I'm sure it must be difficult to be clear when you are in poor mental health) that was trial as in ordeal   

But if it is about court delays then no you can't sue for court delays. 

user1977

There may be a case in relation to the incident itself, but you can't sue because you find being a witness in a legal case stressful - that's just something everybody involved has to put up with. And where would it end, because in order to get that compensation you may well be a witness in the case you've brought, and so on...

Grumpy_chap

As this was an incident that occurred in the workplace, the OP may be able to gain some support from the employer.  It probably won't be financial support, but maybe practical support in managing the situation.

the_lunatic_is_in_my_head

Sorry to hear of what happened OP

Please seek professional advice rather than relying on forums  

GDB2222

user1977 said:

There may be a case in relation to the incident itself, but you can't sue because you find being a witness in a legal case stressful - that's just something everybody involved has to put up with. And where would it end, because in order to get that compensation you may well be a witness in the case you've brought, and so on...

The OP said he was the site manager, so he may not just be involved as a witness, unfortunately. 

His employer has a duty to safeguard his health, so would the OP have a claim under that? He may be time-barred. There's more information here:

https://www.cesi.org.uk/employment-work-accident/faqs/can-i-sue-my-employer-for-post-traumatic-stress-disorder-how-much-compensation-for-ptsd

sheramber

 I have been undergoing therapy but I think about the situation everyday. I have been on hand to go to court but then the dates move and it’s prolongs the distress and emotional hurt. 

I have been told to claim compensation against the trial for my emotional state and my mental health.

The OP states he has been having therapy.

He clearly states it is the delays  with the trial dates that he is wanting to claim for