Employer Liability for Workplace Trauma
This title was first published in 2002.This book offers an intriguing examination of the law concerning liability for psychiatric injury suffered by employees in the workplace. Included among these are employees confronting the risk of death or injury in the course of their normal employment, such as police or fire-fighters, those confronting death or injury out of their ordinary course of employment, such as accidents at work, and those possibly exposed to health-threatening circumstances, such as dust in the workplace. Also considered are employees who suffer mental health problems resulting from environmental factors, such as bullying, overwork and disciplinary measures. The amount of damages recovered in such actions can be substantial and this book examines the extent of the employer’s liability, as well as providing a psychiatric medicine perspective and a detailed analysis of the current state of the law in England, Wales and Australia.
’Though liability for what is now called psychiatric injury was first recognized and developed in cases involving accidents between strangers, the law is now developing fastest in cases where trauma arises out of a relationship between the parties - and particularly so in employment cases. Des Butler’s book carefully documents the different kinds of workplace trauma and the available legal remedies, and is a valuable addition to the growing body of literature on psychiatric injury.’ Associate Professor Peter Handford, Faculty of Law University of Western Australia, Australia ’Workplace trauma has important health and economic ramifications not only for the individuals who suffer them and their employers, but for the society in general. Yet there has been a dearth of scholarly analysis of compensation, both at common law and under statute, for psychiatric injury related to work. Des Butler’s book has filled this gap. The book provides an invaluable resource for legal and medical practitioners involved in personal injury law, for academics and policy-makers working in the area of industrial relations, work and safety, as well as statutory and common law compensation.’ Dr Danuta Mendleson, Deakin University, Australia