International Stress ISMA Blog
Monday, 28 September 2009
Large Stress Compensation Award in Birmingham
Birmingham City hospital's payout to stressed health worker Sep 28 2009 by Alison Dayani, A Birmingham hospital has been forced to pay a health worker £370,550 plus a further £24,000 every year of his life after he claimed working in the NHS caused him stress.
The retired manager, who was mainly office-based at City Hospital, in Winson Green, filed an injury claim following his retirement and has won his lengthy battle.
Sandwell and West Birmingham Trust chiefs have fought against making the payment for years but have now been ordered to do so by the Department of Health.
The senior officer at City Hospital, in Winson Green, retired in 1996 but later filed a claim over what is believed to be a stress psychologically-related injury from the NHS Injury Benefit Scheme, which gives compensation to members of staff who suffered permanent incapacity or an injury mainly caused by their duties.
Lawyer Iain Shoolbred, workplace illness specialist at Birmingham law firm Irwin Mitchell, said the sum was a large payout for suffering stress at work.
“Working in the public sector does seem to be stressful and two-thirds of the stress at work cases I get are from jobs in the council or NHS,” said Mr Shoolbred. “The NHS benefit scheme is probably more generous than court settlements as the court payments are still not as high as they should be.
“Generally, stress injuries are becoming more common as legislation is more protective of an employee, there are longer working hours and some unscrupulous companies that make life difficult for workers to force them out.”
The high price of legal claims is taking its toll on the NHS. More than £48 million was paid out on behalf of West Midlands hospitals and primary care trusts in the 2008-09 year by the NHS Litigation Authority, following clinical negligence cases bought by patients.
Of this only £31 million went to patients themselves, with £17 million spent on legal fees.
Ministers have expressed concern about the amount of NHS money going to the legal profession and are set to publish proposals to change the law.
The retired manager, who was mainly office-based at City Hospital, in Winson Green, filed an injury claim following his retirement and has won his lengthy battle.
Sandwell and West Birmingham Trust chiefs have fought against making the payment for years but have now been ordered to do so by the Department of Health.
The senior officer at City Hospital, in Winson Green, retired in 1996 but later filed a claim over what is believed to be a stress psychologically-related injury from the NHS Injury Benefit Scheme, which gives compensation to members of staff who suffered permanent incapacity or an injury mainly caused by their duties.
Lawyer Iain Shoolbred, workplace illness specialist at Birmingham law firm Irwin Mitchell, said the sum was a large payout for suffering stress at work.
“Working in the public sector does seem to be stressful and two-thirds of the stress at work cases I get are from jobs in the council or NHS,” said Mr Shoolbred. “The NHS benefit scheme is probably more generous than court settlements as the court payments are still not as high as they should be.
“Generally, stress injuries are becoming more common as legislation is more protective of an employee, there are longer working hours and some unscrupulous companies that make life difficult for workers to force them out.”
The high price of legal claims is taking its toll on the NHS. More than £48 million was paid out on behalf of West Midlands hospitals and primary care trusts in the 2008-09 year by the NHS Litigation Authority, following clinical negligence cases bought by patients.
Of this only £31 million went to patients themselves, with £17 million spent on legal fees.
Ministers have expressed concern about the amount of NHS money going to the legal profession and are set to publish proposals to change the law.
posted by ISMA UK
at
11:34
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