This case highlights the positive obligation of the Plaintiff to notify the Defendant of psychological symptoms likely to increase the risk of injury, so as to enable the Defendant to take action to minimise that risk. The Court will have regard to the responsibilities of the Plaintiff and Defendant as well as the specific factual matrix.
Furthermore, the Court will be reluctant to find negligence against a Defendant for failing to take action to prevent harm to a Plaintiff if the Defendant was not notified of the risk. Courts will analyse the conduct of the Plaintiff and Defendant in combination to determine if the Defendant should have been reasonably expected to take action to prevent the harm.
Candid disclosure is encouraged for workers suffering psychological issues in the course of their employment.
If you or somebody you know has suffered an injury during the course of employment, you may be entitled to compensation. For more information, and to arrange a free, no-obligation assessment of your claim, please call Stacks Goudkamp on 1800 251 800, or alternatively make an online enquiry.