Rank: Super forum user 
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Hi everyone, I was recently diagnosed with PTSD related to my former employment with Merseyside Fire Brigade. I know about the three year rule for claims for compensation and this applies to "following diagnosis" as well. I contacted a solicitor to see if there would be a claim. I was involved in an accident on duty in 1988 but the PTSD relates to my fire serfice from 1966 up to 1988 inclusive.
The following is the answer I just received from the solicitor, for your interest.
Unfortunately, there are significant concerns in your case in relation to establishing a breach of duty, because the Court will consider the duty of care judged by the standards of the time of your employment. As you were employed by the Defendant between 1966 and 1990, the position regarding the duty of care must be considered during that period. Although the Health and Safety at Work Act 1974 sets out the general duties employers have towards employees, the law limited this concept to physical injury suffered by the employee, it wasn’t until a landmark decision in a case heard in 1994 that extended the concept of the duty of care to embrace mental injury suffered by an employee. The further issue would be considering what steps your employer should have taken during your period of employment, judged by the standards of the time, and there are concerns that the Court would not accept that the employer should have provided counselling or some other mental health and wellbeing service to employees, during the time period of your employment.
Therefore, it is likely the claim would fail on breach of duty, without further considering the issues on causation and limitation.
Unfortunately we are therefore unable to take on your case under the terms of a no win, no fee agreement.
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Rank: Super forum user 
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Hi Firesafety Sorry to hear about your circumstances but this is not a case that any No Win, No Fee solicitor is likely to take on. "landmark decision in a case heard in 1994 that extended the concept of the duty of care to embrace mental injury suffered by an employee."
True but false. First this is an authoritative judgment - very, very few cases get to that stage. I think you could find plenty of PTSD cases dating from much earlier, not least since HSWA largely meant translating civil duties into statute. Then the judgment itself merely confirmed that HSWA is not just about physical injuries - it didn't "EXTEND" the law, but rather clarified interpretation. But the No Win, No Fee solicitors don't like cases that are likely to be defended - you are unlikely to be able to foot the bill if the case fails, so they don't want the risk. Same as so many cases over the years relating to chronic ill health suffered by workers and others as a result of exposure to various contaminants. Assuming you were a member of FBU when in service then may be they would be willing to support you, but it would be difficult to demonstrate cause and effect with such length of time that has elapsed. Take care, Peter
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 3 users thanked peter gotch for this useful post.
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Rank: Forum user
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I am sorry to hear this mate and hope you are getting the right help
PTSD can take decades to emerge but it seems like legislation hasn't recognised that
I had a brush with PTSD almost 30 years after a fire which involved numerous children died. I got counselling from my brigade very rapidly and it did the trick
Good luck. I hope you feel better soon
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1 user thanked Messy for this useful post.
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Rank: Super forum user
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Cheers Messy, I did wonder if you suffered PTSD, I think most if not all firemen did but to different extents and as you know we didn't talk about it. I am getting councelling now and the number of incidents I remember is very long, most are road crashes where people died before we could free them but one is a fire where an 18 month old girl perished. Not sure if I should be writing this on the forum but getting it out there seems to help. My potential cure is to do with eye movement while thinking about the incidents, one at a time. Thanks for your support Messy and Peter.
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3 users thanked firesafety101 for this useful post.
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Rank: Super forum user 
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Just did a quick internet search and it seems that PTSD was recognised in 1980, so was within your working period, so absolute requirement or not it was public knowledge. Also a claims company make this note. What is the time limit to file PTSD claims? So, if you’re planning to file any claims for post-traumatic stress disorder compensation, there is a time limit. And that time limit is for up to a maximum of 3 years after the official diagnosis of PTSD So it is 3 years, but from diagnosis. A further thought, are you aware of others who were fire fighters at the same time as you, getting help at the time? And just you were not offered it? Try another claims company and see if you get the same response. Take care Chris
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2 users thanked chris42 for this useful post.
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Hi Chris 42, please let me know where your info comes from. Really positive news. Thank you.
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Rank: Super forum user
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Sent PM so as not to advertise the claims company. Chris
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2 users thanked chris42 for this useful post.
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Rank: Super forum user
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Hi FS
Sorry to hear of your predicament. Yes, there were similar cases in the past under the heading 'nervous shock' in those days, way before 1994 and Walker v Northumberland CC
Best lawyers I know of by reputation in these sort of circumstances are Irwin Mitchell and Leigh Davy-might be worth a phone call/email. Just google them to see.
Hope it works
Regards
Mike
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2 users thanked MikeKelly for this useful post.
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Rank: Super forum user
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Rank: Super forum user
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Peter's has got right. Mental health or conditions have always been covered from the start of HASAW. Look at section 53 of the Act where personal injury is defined as including mental conditions. Dont get hung up on the name PTSD, as it was called other things earlier. You have suffered mentally and the law requied employers to take mental health into account.
Get help as you can be helped even after this length of time.
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Rank: Super forum user
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Rank: Super forum user
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I wouldn't get your hopes up that this will be a easy ride and give you life changing compensation...that said bringing the case may help you on the journey...and perhaps seek to close that chapter for you...but you will need to ensure you have a solid support network both family and professionally.. The law commission have a decent summary of this and although the solicitor is correct, there are previous case precedents that can help pursue the claim... https://www.lawcom.gov.uk/app/uploads/2015/04/LC249.pdf
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