Stress claims rise 50% in three years

WORK-RELATED personal injury claims for stress have increased by at least 50% over the last three years, an employment law practitioner has claimed.

Solicitor with Mason Hayes and Curran Melanie Crowley deals exclusively with employment law and said the increase in claims is based on the law firm's caseload and the general experience of other law firms.

"Stress claims have increased at the very least by 50% over the last three years. Four or five years ago, stress claims were quite rare," she said.

Ms Crowley says employers really need to take workplace stress seriously. "It is incumbent on employers to recognise that this is not a soft human resources issue but a very real and large cost to organisations."

She also warns insurers are now becoming increasingly aware of their exposure to workplace-related stress claims. One insurance firm Royal and SunAlliance has said employer liability insurance may only be available in the future if cover excludes occupational diseases with long absence periods.

In 1993 it was thought that 30% of employee sick leave was due to stress, anxiety and depression. "There is absolutely no doubt in my mind that, 10 years later, in 2003, this figures is significantly higher," says Ms Crowley.

Ms Crowley says international studies indicate the cost of occupational stress in Ireland could be as high as 10% of gross national product around €7.4 billion.

In a survey commissioned by the Mental Health Association of Ireland, just under 40% of the 1,000 people interviewed admitted stress as a result of too much work.

Almost a half of those who said they were stressed said they had difficulty concentrating and were less motivated. Also, a third felt that stress levels had contributed to decreased productivity.

Ms Crowley says it is interesting that there were relatively few complaints of stress related to bullying and harassment. She says employers should realise they have statutory and common law duties of care to employees.

An employer's liability depends on what he or she knows, or should have known, about an employee's illness. If an employer does know the onus is on him or her to make reasonable provision.

While the Health and Safety Authority has an enforcement role, it is also anxious to help employers realise they have a duty of care towards an employee once they know that he or she is suffering from workplace stress.