ABSTRACT
Many workers are exposed to traumatic experiences during the course of their work. This chapter looks at how the law affects the way that organisations handle workplace trauma and how the operation of the law can make trauma symptoms worse. The perspective taken in this chapter is predominantly English, with the recognition that there are differences in the legal approaches of common law, typified by the legislature in England, Scotland, the USA, Canada and Australia, and those of the civil (Roman) law that dominates Europe. An important feature of common law is the emphasis it places on the duties of the organisation in addition to the protection it provides for employee rights (Leighton 1999). This chapter describes the development of English case and statute law in the area of traumatic stress and examines how the law has been applied to employees following a traumatic experience in the workplace. The chapter then looks at the impact of the law on the psychological well-being of traumatised individuals. Finally, there is a brief discussion of the difficulties caused by the failure of trauma researchers to provide clear guidance to lawyers and organisations on the most effective and appropriate way to support employees following a traumatic incident.
