Understanding psychological injuries from workplace sexual harassment

BY MICHAEL ‘LEKAN ODUNLAMI

Personal injury is mostly perceived by many as physical injury only. They often picture physical harm like broken bones, bruises and other forms of physically visible injuries that are easy to point out. But workplace sexual harassment can cause injuries that go deeper than the skin and are more devastating than physical harm. Psychological injuries from sexual harassment are real, and in most cases, they form a very strong and viable psychological personal injury compensation, which is referred to as “general damages” in legal terms.

Psychological injuries literally mean mental or emotional harm. It can simply be described as a psychological consequence of a bad experience or traumatic event. Such events can be abusive behaviour, bullying, kidnapping, rape, vehicle accident and of course, workplace sexual harassment, which is the focus of this article. Some of these injuries can include conditions like anxiety, clinical and non-clinical depression, sleep problems like insomnia, post-traumatic stress disorder (PTSD), or a general loss of self-confidence or self-worth. For example, a victim of rape can suffer from nightmares and anxiety for the rest of their lives. Please note that some of these conditions sometimes present as physical issues, like headaches, stomach pain and nausea.

The Nigerian legal system recognises psychiatric injuries occasioned by traumatic events as explained above. In several cases, the courts have awarded money compensation to victims where harassment at work severed their mental health. If you have suffered from such, it means you may have a right to compensation. However, note that to make a successful claim on workplace psychiatric injury from sexual harassment, you usually need to show the court that harassment happened, that it was unwanted or unsolicited, and that it directly caused you injury like depression. Medical records from a doctor or therapist to show that the mental health condition is recognised under the International Classification of Diseases (ICD-10), that the victim is suffering from the mental health issue, that the condition affects the quality of their life, witness accounts, or even email correspondences and text messages, or WhatsApp messages can support your case.

A victim of sexual harassment can receive compensation for psychiatric conditions caused by sexual assault at work, even if there was no physical injury like bruises. In Nigeria, the courts recognise claims for emotional distress such as anxiety, depression, and humiliation. The Nigerian law also allows employees to recover damages for pain, suffering, and loss of opportunities linked to workplace harassment as long as the act happens at a location where the victim had worked.

There are different types of compensation depending on the circumstances of the case. For example, economic losses can cover direct and ascertainable costs, such as therapy sessions, hospital bills and medication, or lost wages owing to the mental health issue. Also, there are non-economic damages that relate to less tangible effects, like pain and suffering, emotional distress or reduced enjoyment of life if the victim is no longer able to enjoy or perform some acts they used to engage in like hobbies.

Interestingly, a victim can be awarded money for loss of consortium based on the inability of a victim to enjoy sex or affection with their spouse because of the psychiatric injury. In severe cases, courts may award punitive damages if an employer knows but ignores or tolerates harassment against their employees. Legal costs incurred by the victim can also form part of the compensation that a court can award to a victim.

Having explained in detail the effect of workplace sexual harassment on a victim, there are several associated challenges. The court typically does not rely only on facts, but alongside evidence. This means that it can be difficult to prove the direct link between harassment and psychological harm, especially if other stresses are present in your life prior to the sexual harassment. If the case goes to court, the opposing lawyer would usually ask the victim to produce their past medical record to establish whether they had any mental health condition prior to the incident. Strong medical evidence helps, but employers or insurers may argue that your condition has another cause and not the incident in question.

If you think you or any of your loved ones has suffered workplace sexual harassment, they may have a claim. The most important steps are to see a mental health professional, document your experience in detail, gather evidence and seek advice from a personal injury lawyer who understands employment and personal injury law. Please note that aside from the civil element of sexual harassment where money can be awarded to victims, there is a criminal element to it, where the harasser can be reported to the police for prosecution.

Psychological injuries from workplace sexual harassment are a daily occurrence in all parts of the world including Nigeria. It may begin from an interview stage where applicants are offered job in exchange for sexual pleasure, promotion delay and denial, termination of employment or resignation by the victim due to the harassment.

They can damage the victim’s life in several ways that are less physical and visible to the eyes but equally serious. The Nigerian court recognises these injuries as having the same seriousness as physical ones, and compensation may be available if you take the right steps, which begins with hiring a competent lawyer who understands personal injury laws.

This article is only meant for general understanding only and not a legal advice. If you believe you’ve suffered any harm or injury as a result of sexual harassment, and you are concerned about the high cost of hiring a lawyer, you can reach out to an experienced personal injury lawyer who can handle your case on a “NO WIN, NO FEE” arrangement, which simply means you only pay if you win and get compensation.

Michael ‘Lekan Odunlami, Esq. is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via [email protected]