Employer Liability for Workplace TraumaThis 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. |
Contents
Introduction | 1 |
A Medical Perspective of Workplace Trauma | 17 |
Basis of Employers Liability at Common | 77 |
Copyright | |
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17 NSWCCR accident action adjustment disorder alleged Amer Australia behaviour bullying cause Chief Constable circumstances CISD claim Comcare common law common law damages Commonwealth Compensation Act conduct Constable of South Corrective Services Commission counselling Court of Appeal death defendant diagnosis Disaster disciplinary dismissal distress duty of care emergency services workers emotional employer's duty exposure Handbook of Syndromes Health and Safety Ibid involved Isa Mines Ltd Lord Hoffmann Lord Steyn Ltd v Pusey McFarlane mental Mount Isa Mines negligence normal fortitude NSWCA NSWLR person Piper Alpha plaintiff post traumatic stress Posttraumatic Stress Disorder primary victim psychiatric illness psychiatric injury Queensland Corrective Services reaction reasonable employer reasonably foreseeable regarded Rehabilitation and Compensation relevant response result risk of psychiatric South Wales South Yorkshire Police stressor survivor guilt Syndromes 1993 traumatic event Traumatic Stress 1996 traumatic stress disorder vicarious liability workplace