Stress as an Industrial Injury: How UCU members can put their experience on the record

An accident is normally defined as an unforeseen event that causes harm, usually taken to mean physical harm; a fall resulting in a broken wrist, for example. Stress-related illness is now the most common reason for absence from work, but such absence is rarely formally recorded, as there is no specific event that could be categorised as an ‘accident’.

Absence resulting from work-related stress is conventionally regarded as a cumulative process, where pressure builds-up over a period of time before finally reaching the point where the victim succumbs and goes sick. Principal causes identified by UCU members include excessive workload, long hours, constant change and uncertainty, and bullying by managers.

However, under certain circumstances, an unforeseen event at work that causes stress-related harm and consequent absence may be defined as an ‘accident’. The Department for Work & Pensions (DWP) recognises that such a specific event at work can be so defined. The victim has to show that it was the event or even a series of events, not a cumulative process that led to their absence from work.

Events may include being shouted at, abused or unjustly criticised – in private or public; being blackmailed or threatened in some way; subjected to foul and abusive language; being unfairly criticised and undermined or otherwise treated with gross disrespect or contempt; being given instructions to accept large increases in an already heavy workload or undertake additional tasks, etc.

Harm caused can initially make someone break-down in tears, instil fear, cause depression, agoraphobia or panic attacks, undermine confidence, or humiliate and belittle someone to the point where they cannot face colleagues or students. The DWP will want evidence of a clinically diagnosable condition in order to classify the event as an ‘accident’.

When such events happen, they should be entered into the accident book at the workplace, although some employers may try to prevent such an entry being made. UCU safety reps may need to help if that happens. The law requires the book to be available in the workplace for injured persons, or someone acting on their behalf, to record an injury. If it is still not possible to record the accident in the book, victims or their representative should write a letter informing the employer of the accident, and make the point that they were prevented from recording it in the book. Reps should also insist that the employer submit a RIDDOR report after 7 days absence when the injured person remains off work.

It is also important to notify the DWP of the incident and the harm caused. Using DWP form BI95 – http://www.dwp.gov.uk/advisers/claimforms/bi95_print.pdf  – any worker can notify the DWP of an accident. It clearly states on Page 1 that “We use the word accident to mean anything unexpected that happens to you at work, or in connection with your work, that might lead to injury or illness”.

If as a result of the injury the victim develops a long-term mental health condition that causes a degree of disability greater than 14%, they may be able to claim Industrial Injury Disablement Benefit. To do that, the DWP has to know about the incident and harm caused. DWP decision-makers have comprehensive guidance on treating stress as an accident, publicly available at http://www.dwp.gov.uk/docs/dmgch66.pdf

Victims must show a direct relationship between the incident, injury and resulting absence, and obtain a clinical diagnosis to support the claim, if they are to persuade the decision-maker to record it as an accident at work.

Information about work-stress related injury comes from the self-reported Labour Force Survey. There is no formal or legal requirement on employers to report events that lead to someone going off sick with a stress-related condition, other than that we outline above. Thus the true extent of stress-related illness caused by work remains officially almost unrecorded, despite ‘stress’ now being the most common reason for sickness absence.

In cases where we can record at least some of these cases as ‘accidents’, we will have started a process of establishing that stress and related illness and absence is a major risk to the health of our members.

If you think this might apply to you, get in touch with the branch office for further advice and support. ucu@st-andrews.ac.uk