OCCUPATIONAL STRESS, RESCUE WORKERS AND ENGLISH LAW

This paper shows how two strands of English case law, one establishing liability to compensate for shock suffered by those at the scene of d isaster, and the other concerned with physical injury suffered by resc uers, were brought together in the 1960s to provide a remedy for a res cuer suffering from what the law describes as 'nervous shock'. It furt her traces the development of employers' Liability in this context, bu t finds that the law provides few examples of the contractual duty of employers to protect employees generally against stress that may cause psychological injury. It points out that there is no case law on the liability of employers for stress suffered by rescue workers, whether professional or otherwise. It notes that law reports give little guida nce as to the medical evidence judges require to persuade them that ne rvous shock has been suffered. Finally, it spells out that EC-inspired regulations could now be used to require employers to assess, and tak e steps to control, stress to which their employees, including rescue workers, are exposed.