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Common Law Duty of Care and Liability for Employers Psychiatric Illness

In: Social Issues

Submitted By jefhhia
Words 1219
Pages 5
The business environment is primarily concerned with economic gains and therefore, pressure is mounted in an organization to increase profitability each year. This is attributed by the work force which is put under intense stress for the organization to grow economically. It ranges from unreasonably high productivity standards and hazardous working environment that make worker to become vulnerable to risk to t heir mental and physical health. The ultimate outcome is unhealthy workforce that is relatively less productive than the relaxed and contented workforce. The business entrepreneurs and the workers alike are faced with the problem of continuous work related stress and thus the policies and decisions are hence regulated by the law. To this end, the common law duty of care is a provision that was designed to hold employers liable for psychiatric related illness that employees suffer and more specifically illness arising because employees are made to work under stressful conditions. This paper is aimed to critically evaluate the common law duty of care and its effectiveness with respect to psychiatric related illness as a result of working under stressful condition.
The establishment of the common law of duty towards workers has enhanced employers to provide good working conditions to lower psychiatric related illness due to workers stress. The claims in the psychiatric injury bin the work place context have not been restricted to involvement of the plaintiff being injured or witnessed the death injury of another. These claims include to circumstances such as less traumatic but still damaging and stressor that arise in the workplace like bullying and work stress (Butler, 2006). The work place stress is perceived as problematic due to issues regarding compensation or whether the type of work is voluntary undertaken with all employees compensated equally to type of...

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