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In Young v Charles Church (Southern) Ltd and Another (1997) the claimant had suffered psychiatric illness after seeing his workmate electrocuted close to him when the pole they were moving touched an overhead electric wire. The employers of the two men were both negligent and in breach of the Construction (General Provisions) Regulations, regulation 44. In this case it was held that the claimant was personally at risk; it was chance that it was his colleague, rather than he, who was killed. Therefore, the claimant was entitled to compensation. Liability for stress caused by work overload The reluctance of the courts to grant compensation for psychiatric injury caused otherwise than by nervous shock has now been overcome in cases where an employee has suffered a foreseeable mental breakdown as a result of work overload endured over a period of time. The leading cases of Johnstone v Bloomsbury Health Authority (1991) and Walker v Northumberland County Council (1995) are considered later in this and the next chapter. CAN LIABILITY BE AVOIDED?
DOI link for In Young v Charles Church (Southern) Ltd and Another (1997) the claimant had suffered psychiatric illness after seeing his workmate electrocuted close to him when the pole they were moving touched an overhead electric wire. The employers of the two men were both negligent and in breach of the Construction (General Provisions) Regulations, regulation 44. In this case it was held that the claimant was personally at risk; it was chance that it was his colleague, rather than he, who was killed. Therefore, the claimant was entitled to compensation. Liability for stress caused by work overload The reluctance of the courts to grant compensation for psychiatric injury caused otherwise than by nervous shock has now been overcome in cases where an employee has suffered a foreseeable mental breakdown as a result of work overload endured over a period of time. The leading cases of Johnstone v Bloomsbury Health Authority (1991) and Walker v Northumberland County Council (1995) are considered later in this and the next chapter. CAN LIABILITY BE AVOIDED?
In Young v Charles Church (Southern) Ltd and Another (1997) the claimant had suffered psychiatric illness after seeing his workmate electrocuted close to him when the pole they were moving touched an overhead electric wire. The employers of the two men were both negligent and in breach of the Construction (General Provisions) Regulations, regulation 44. In this case it was held that the claimant was personally at risk; it was chance that it was his colleague, rather than he, who was killed. Therefore, the claimant was entitled to compensation. Liability for stress caused by work overload The reluctance of the courts to grant compensation for psychiatric injury caused otherwise than by nervous shock has now been overcome in cases where an employee has suffered a foreseeable mental breakdown as a result of work overload endured over a period of time. The leading cases of Johnstone v Bloomsbury Health Authority (1991) and Walker v Northumberland County Council (1995) are considered later in this and the next chapter. CAN LIABILITY BE AVOIDED?
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ABSTRACT
In Young v Charles Church (Southern) Ltd and Another (1997)20 the claimant had suffered psychiatric illness after seeing his workmate electrocuted close to him when the pole they were moving touched an overhead electric wire. The employers of the two men were both negligent and in breach of the Construction (General Provisions) Regulations, regulation 44. In this case it was held that the claimant was personally at risk; it was chance that it was his colleague, rather than he, who was killed. Therefore, the claimant was entitled to compensation.