Stress or other psychological conditions brought about by overwork could result in litigation against firms, a former judge of the NSW Court of Appeal has said.

Professor Keith Mason, the former President of the NSW Court of Appeal and Chairman of the Tristan Jepson Memorial Foundation, says that law firms could potentially find themselves on the receiving end of fault based workers’ compensation claims from current employees, retrospective claims from ex-employees and government criminal prosecution for violations of occupational health and safety legislation.

 “It will take the will to [litigate] but if you have a loved one who commits suicide, you are extremely motivated. Many groundbreaking civil claims are brought by the parents of a deceased child or spouse and all that is required for a derivative action is the family member to have suffered nervous shock or even the payment of funeral expenses,” he said.

To read a full ALB report on mental health in legal practice, please click here.