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Injury claim against employer?

4 replies

Namechangedforthis79 · 07/01/2019 21:13

I have name changed as don't want to out myself but wondering if anyone has experience of making a psychological injury claim against their employer. I have been diagnosed with severe anxiety and depression stemming from someone sexually harassing me at work. I believe i can prove my workplace was negligent. I've had a lot of treatment but I don't feel I am ever going to completely recover. It's ruined my mental health.

I feel like I have changed irrevocably. I used to be a happy go lucky, cheerful person. Now i am withdrawn, paranoid and anxious all the time.

Could speaking to a solicitor possibly make things worse? Presumably any claim would go against their insurance and no individuals would be involved? Has anyone got any experience? I have to keep working there for at least another year so I'm concerned that there will be repurcussions. My main aim is to try and force a change in how the company deals with harassment because I feel they let me down and still aren't doing enough to tackle the issues.

OP posts:
LadyLapsang · 07/01/2019 23:55

Why do you think you have to remain there?

daisychain01 · 08/01/2019 05:47

I have been diagnosed with severe anxiety and depression stemming from someone sexually harassing me at work.

You'd have to go through your company's internal process to report the perpetrator of the sexual Harrassment, if you haven't already. If they failed to protect you from that by dealing with that employee, then you would have to make a claim against them. This could involve months of anguish and cost for you. Just want you to be aware of what's involved because it would undoubtedly have a further impact on your mental health.

It's horrible, my heart goes out to you. Have you had any counselling?

Namechangedforthis79 · 08/01/2019 07:12

Thank you for replying. I reported harassment against me by him previously and it wasn't handled correctly. He continued to harass other women which i reported again and nothing changed. He then did something more serious some time later to me which I did report, this time via HR and it went through disciplinary. This second incident against me was the trigger. This was 2 years ago and I have had extensive trauma based CBT but as I said I'm still suffering. I can't find another job that will pay what I am on and I need the money to pay the bills, I have been looking for a while. He still works there too.

OP posts:
daisychain01 · 08/01/2019 19:20

My main aim is to try and force a change in how the company deals with harassment because I feel they let me down and still aren't doing enough to tackle the issues.

I can't find another job that will pay what I am on and I need the money to pay the bills, I have been looking for a while. He still works there too

I think you need to be clear in your own mind what any legal action you intend to achieve because you have given 2 different aims. Im not saying both those aims aren't valid, but if you intend to get them to mend their ways, I think you will be putting your self through significant trauma With no guarantee of success - they are still employing this monster.

If you want financial compensation due to tangible losses caused by being harassed by the employee, and having to leave your job, then this is a potential you would need to explore with a solicitor who can give you their advice on the merit of your claim. I will be honest in saying you won't come away with a significant monetary gain, due to having to settle your own legal costs even if you win, although it could be cathartic. It's a hefty price to pay.

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