Posted By Greg Burgess Is stress classed as an industrial injury? Where can I get some evidence one way or the other? I have been given differing opinions on this and would like some clarification and proof. Thanks in advance Greg

Posted By Raymond Rapp Hi Greg, Interesting point and to play the Devil's advocate I believe that work induced stress is a industrial injury. At least it should be ! I suppose the question is what is the definition of a industrial injury or is it ill health in the case of stress? Eddie says no it is not and I respect Eddie's opinion (but I would like to see some proof). I have checked the archive for the previous thread he mentions but I cannot find it. Evidence - The HASW Act Section 2(1) states: 'It shall be the duty of every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees.' Health per se covers mental health and stress (Morris, J, Health and Safety, 1997). Furthermore, should you wish to proceed with litigation for 'stress-induced psychiatric illness' a claim could be brought under the common law tort of negligence, or civil law 'employer's duty of care.'(Bridges, K, SHP May edition, 2002) If the above does not constitute to an industrial injury, I would welcome someone to provide the evidence. Ray

Posted By Greg Burgess Thanks for the responses so far. In reply to Jack. I was asking the question from a HR point of view. Someone off on long term sick due to stress. This may be work related (in fact probably is). HR asked whether it was classed as an industrial injury because this obviously depends on whether they go down to half pay or not and if we say yes this is an idustrial injury are we then automatically accepting liability and leaving ourselves open for a claim. My personal feeling is that it is not classed as an idustrial injury but I have been given differing opinions from others and was interested in what others felt about it. Thanks to everyone again. Greg