Inconsistencies in laws r.e. harming people/causing disability

66Mustang
66Mustang Online Community Member Posts: 14,990 Championing
edited May 2024 in Coffee lounge

When I walk the dog with family members we always talk about quite weird or deep stuff, it’s never “did you watch the football last night” :D  yesterday we were talking about something and we came up with a few questions that I thought I’d post to see what people have to say …

It’s illegal to (even very mildly) physically assault someone, but why is it perfectly legal to cause someone psychological distress?

Taking things up a notch - imagine if an individual (or party) caused a person a psychological issue that was so serious that it developed into a disability equal in severity to a physical disability caused by physical assault. One would result in severe punishment and the other tends to go unpunished - why??

Finally ... I have a handful of relatives that have been made disabled as a result of their employment however what they all have in common is that it happened gradually. If it happened instantly instead - taking my family member with a busted leg, if he went into work one day and something fell on him - help would have been given (recompense etc.) so why is it different with something that happens over time?

I guess it all comes down to being able to provide proof, is it as simple as that or is there more to it??

I’m looking forward to peoples answers :blush:

Comments

  • OverlyAnxious
    OverlyAnxious Online Community Member Posts: 4,029 Championing
    edited May 2024
    I think you're right about proof.  People have more empathy for something they can see.  There's also still a stigma around phycological distress.  Particularly when we live in a society that has been passing down the 'stiff upper lip' mentality for generations.

    Regarding long term work injuries though, it's generally expected that everyone's body will deteriorate over a lifetime in one way or another.  Everyone that does a manual job will suffer later in life from doing so, but that's a choice they've taken, knowing the long term risks.  Health & safety laws have improved this over the last 50 years or so, with things like ear protection becoming mandatory for noisy jobs, and a lot more technology used to remove the strain on joints.  Just one example, the use of air tools in garages takes a lot of the wrist strain out of work that previously would have needed ratchets & spanners.  The use of vehicle lifts takes the strain off of knees.

    As a perfectionist, I used to want my body to remain 'perfect', and used to think that's what the health services were there for.  But more recently I've realised they're just 'patching up' until the end in many cases.  
  • Scrumptious67
    Scrumptious67 Online Community Member Posts: 51 Empowering
    This is covered under the law; every employer has a duty to keep you safe and that includes psychological safety, but like you said, it's very difficult to prove unless you're very good at keeping notes of dates, times, witnesses etc.   If you have all that then it makes it a lot easier to tackle through the usual routes and process. 
    Workplaces will rarely uphold a grievance under these circumstances though, preferring to find a way to push you out or transfer you rather than tackle the issue head on.  I guess it comes down to risk and liability.  Just look at the rise in the use of the word 'resilience' in the workplace.  You are deemed not to be resilient if you're stressed, depressed, anxious etc etc. 
    It's not acceptable to cause psychological distress and that's why tribunals can make awards for 'injury to feelings'.  Those awards can be quite substantial too.
  • WelshBlue
    WelshBlue Online Community Member Posts: 770 Championing
    Isn't section 5 of the public order act covering this ... in short to cause harassment, alarm or distress

    Quantifying it as a 'worse' offence would be difficult as some people can laugh/ shrug things off. whilst others take them to heart.  the same as PTSD after an accident/ trauma/ assault ... some suffer, some don't ?

    As for the working enviroment ... how can you prove a job has caused the gradual disability.  So many factors to factor in ... balance of probabilities don't always play out fairly in industry

    I've had bad industrial accidents, but the one that wakes me up isn't what happened to me, it's what happened to a friend thrown, from a 9 tonne tractor that rolled and landed on his legs.  I still see his feet touching his thighs in my sleep.

    30 years later he can't walk properly, but can't get an insurance payout because there could be other contributing factors at play that caused it through physical work not injury

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