Sue Employer For Workplace Stress
Workplace stress can threaten an employees health and productivity. And in some cases, an employee may have good reason to file a lawsuit against an employer for that stress. Studies reveal that workplace stress can cause hypertension, decreased mental health, and severe cardiovascular disease, which results in death for approximately 120,000 people yearly. Employees should be aware of how workplace stress may be influencing their health.
Suing For Emotional Distress At Work
Created by FindLaw’s team of legal writers and editors
Work can be stressful enough without your having to deal with the outrageous behavior of a co-worker. Despite repeated requests for help, your manager is not taking your complaints seriously. And now youâre having trouble sleeping, you feel anxious and are becoming depressed when you think about work. You start to wonder if you can sue your employer for emotional distress.
If you are experiencing emotional distress due to the negligent or outrageous intentional acts of another person, you may be able to bring a personal injury claim to recover damages. The law in this area is complex. Before you file a lawsuit, itâs important to understand the two forms of emotional distress recognized by the law.
Respa Is A Powerful Law
Its very helpful when youre facing foreclosure, and especially if the mortgage company has made any mistakes.
Usually they do make mistakes, or at least they make things confusing.
Maybe the mortgage company forecloses on you which violates the dual tracking prohibition when you are in the middle of loss mitigation.
There are many issues that you could be dealing with.
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Is It Worth It To Sue A Company For A Work Injury
If you have grounds to file a lawsuit, it will almost certainly be worth it to sue a company for your work injury. Work-related injuries can be incredibly expensive. Your medical bills, lost wages, and other expenses can add up very quickly. Filing a lawsuit also allows you to seek compensation for your post-traumatic stress, pain and suffering, and loss of enjoyment of life.
What The Warranty Of Habitability Includes
The warranty of habitability may differ in the details from state to state, but generally, it requires that a landlord comply with all applicable building and housing codes. Usually, this means that the landlord must make sure that the heat, electricity and water are all in good working order, and he must repair them if not.
The same is true for the building itself the landlord must also fix leaking roofs and windows. In some states, pest control also falls under the umbrella of the landlord’s responsibilities. If your apartment building becomes overrun with rats or cockroaches, your landlord may be responsible for getting rid of them.
If the lease purports to waive the warranty, a court will likely not enforce such a waiver, which means that if you signed a lease saying the landlord makes no warranties, the court will still find that the warranty exists.
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Can You Hire A Lawyer To Sue A Company For A Work Injury
Yes, you can hire a lawyer to sue a company for a work injury. But, keep in mind that you may need to file for workers compensation instead of suing your employer. If you are eligible for workers comp, you most likely wont be able to sue your employer unless it wrongfully denies your claim for benefits.
Regardless of whether you can file for workers comp or sue your employer for your work injury, a lawyer may also be able to help you sue a company. For example, if you slipped and fell or were injured in a vehicle collision on the job, a company other than your employer could be liable for your injury-related losses.
Is It Hard To Sue For Emotional Distress
As noted above, emotional distress cases are tricky, due to the nature of having to prove an injury that you cannot physically see Therefore, cases in which emotional distress damages are claimed must be backed by solid documentation that will prove to the court that you have suffered actual damages.
In some cases this may mean a therapist, doctor, or psychologist diagnosing you with depression, post traumatic stress disorder , or other mental health condition. This means that the use of expert witness is often necessary to help prove to a court that you both suffered an actual injury and the amount of damages that resulted from that injury. Because of the use of expert witnesses, suing for emotional distress is often very expensive.
However, if you have a valid claim for severe emotional distress, a personal injury attorney may take your case on a contingency fee basis, which will save you from having to pay high case fees yourself.
In addition to the numerous amount of evidence you must have to prove damages, you must also be able to prove the other elements of an emotional distress claim. This means you must prove that the incident that caused the emotional distress was due to the intentional or reckless acts of a person who acted with extreme or outrageous conduct, and it resulted in your suffering of severe emotional distress.
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Damages Awarded For Emotional Distress
Damages for emotional distress are notoriously difficult to quantify. After all, how do you put a price on mental anguish? If your emotional distress results in doctor visits, hospital stays, medication, and treatment, its easier to place a price tag on the financial toll that the emotional distress has taken, but its not always that cut and dry. Even if these factors are present in your case, you may suffer the effects of this mental anguish for years to come, so the court will need to anticipate the long-term damages that youll incur, too.
Generally speaking, the damages awarded in a NIED or IIED claim are proportional to the severity of the emotional distress. The judge will consider the extent of the harm that youve suffered, how extreme and outrageous the defendants conduct was, and whether youre likely to experience continuing anguish.
When Emotional Abuse Is Illegal
There is no general law against workplace bullying or other forms of harassment at work. But state and federal laws do protect against a hostile work environment based on a number of protected traits:
Often, a hostile work environment includes emotional abuse and derogatory statements based on or about a person’s protected trait. When an employer doesn’t respond to complaints about sexual harassment or racial jokes, it can open the door for an employee to sue for emotional abuse.
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Is It Worth It To File An Injury Claim For Ptsd
Only the person with PTSD can determine if its the right course of action for them.
There is a potential for a large settlement or jury verdict in a PTSD personal injury case. However, it does require that the plaintiffs medical and emotional history is put on the stand for the jury to evaluate. It could be painful for a plaintiff with PTSD to have to testify on their own behalf, and you might want to ask your lawyer about that possibility ahead of time.
Often, physical injuries from an accident are noticeable immediately or shortly following an accident. But PTSD could take a while to diagnose. Sometimes, that means the damages werent included in an initial personal injury claim or that the statute of limitations has passed by the time the PTSD is diagnosed.
Your lawyer would also need to prove that in addition to your actually suffering from PTSD, that the condition is the direct result of the accident. Any claim your lawyer makes is going to be refuted by the defense attorneys. Thats not to suggest that you shouldnt pursue a PTSD lawsuit but its important to discuss it with your lawyer and your mental health provider first.
How Do You Prove This Type Of Claim In Michigan
These types of claims under workers compensation are difficult to prove. The reason for this is because no one really knows what a person is thinking or feeling. Individuals react differently to situations and some cope better than others. There is no simple test showing whether a person can or cannot work. Unfortunately, insurance companies rarely accept these facts and simply dispute workers compensation claims.
These claims must arise out of actual work events. A reasonable person standard will be applied to determine if an employees perceptions are grounded in fact and reality. Events cannot be made up, imagined, or happen in the employees head. However, once a real work event has been established, the employee reaction will be assessed using a subjective standard looking at his or her individual reaction.
You can sue your employer for stress only if a medical professional takes you off work. The burden is the employee to show that he or she cannot do his or her job because of tension at work. We believe it is critical to seek the opinion of a medical professional as soon as possible. Telling your employer about the situation and asking for medical treatment is enough to make a claim. A formal application for mediation or hearing can be filed if workers compensation benefits are disputed.
Recommended Reading: How To Beat Chronic Stress
Are You Clear About What You Really Want Out Of Your Lawsuit
As with anything, its important that you are clear about your goals. Before initiating a lawsuit, you will want to think about what you really want out of the lawsuit. It may be the case that you are hoping to recover damages for the emotional or physical injuries you suffered, or it may be the case that you are just looking for some sort of resolution to a difficult situation in the workplace.
Before making a stress claim against an employer and expending the funds required to make a lawsuit, it may be worth approaching your employer and reaching a resolution not involving the legal process. If you need advice, an experienced attorney can help you decide whether a lawsuit is right for the goals that you have.
Can You Sue Over Mental Stress Trauma
If someone causes you mental stress and trauma such as anxiety or paranoia you can sue him or her for damages under the legal theory of emotional distress. But in reality, securing damages for stress and trauma is pretty challenging. Damages are awarded only when certain circumstances are present.
Here are five questions to ask yourself when considering a lawsuit over mental stress or trauma:
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How To Prove Emotional Distress
Before suing someone for emotional distress, you need to prove that it is directly caused by the incident. Mental distress that is caused by physical injury is much easier to prove. Nonetheless, even without permanent scarring or physical disability to show, emotional distress can still be proven through the following:
- Assessing your symptoms of emotional distress such as anxiety, depression, insomnia, crying, and many others.
- Supporting your journals and testimonies with evidence about the incident and the severity of physical injury if it applies.
- Including emotional anguish damages when suing for compensation. Negligent infliction of emotional distress may also be an independent legal claim.
- Filing your claim through the appropriate legal system , which includes documenting evidence, preparing a legal plan, and negotiating for compensation.
How Can An Employment Rights Attorney In Oakland Help You
When emotional distress disrupts your life and work, you must act. If your employer has caused you to suffer emotional distress, it is crucial to speak immediately with an experienced employment rights attorney regarding your employment rights and your legal options.
An employment rights lawyer will explain your rights and will determine if you have sufficient grounds to bring legal action against your employer.
If you move forward with legal action, your employment attorney will help you gather evidence, will negotiate aggressively on your behalf, and if necessary, will take your case to trial and ask a jury for the compensation and for the justice that you need and deserve.
If you are struggling with job-related emotional distress, seek counseling, stay active, continue to pursue your normal routines and activities, and speak at once with an experienced California employment rights lawyer. You have that right, and your future could depend on it.
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Can I Sue My Ex
Submitted By: Tonya
My story is long but I will make it very short. My husband unexpectedly left my 3 children and myself without any notice. I ended up having to short sale my nice home and also close down my new business I had just opened just 3 months before he left. I lost a lot of money closing down my business and it could have been a nice future income for myself.
I had to move across the valley with my kids and force them to start new schools and friends. I had to sell most of our belongings too. It was very emotional. I had severe depression after closing down my business and selling my home. My children also had depression and suicidal tendencies.
My ex took me to court 3 more times afterwards trying to blame ME for the reason his children didnt want to talk or see him. This lasted for 2 years and was very stressful and emotional also. I had to spend a lot of money on 4 different attorneys.
After the final court battle, I ended up in the hospital because I had a stroke , due to my declining health and stress from the divorce and legal battles. I had developed many health issues because of this: depression, anxiety, high blood pressure, high cholesterol, fibromyalgia, stroke, etc.
I take 12 medications daily for these things and before all this, I had zero medications and was in very good health. My kids also didnt take meds and now they are all on anti-depressants.
Employers Have A Duty Of Care To Employees
All employers have a duty of care to their employees safety and wellbeing at work. This includes illness, injury, and mental health.
Employers should consider common causes of stress and proactively try to ensure these are reduced or eliminated.
The welfare of employees can also be protected by:
- providing appropriate health and safety measures and training,
- training managers to identify signs of stress and respond appropriately,
- protecting employees from discrimination, harassment or bullying,
- managing misconduct and grievances effectively and fairly.
Understanding Stress In The Workplace
Workplace stress is stress that results in a damaging physical or emotional response that stems from the conflict in the workplace.
More specifically, that conflict appears when a worker sees an increase in demands but has little control over how or when those demands are met.
While workplace stress can result from a single, isolated incident, it is more often the result of a series of stress events.
Some common examples of workplace stress include:
- When an employee fears for his or her position within the company because he or she is unable to meet impossible deadlines
- When an employer demands employees to work overtime because of staff cutbacks
- When an employee feels stress or pressure to meet rising expectations without any increase in incentives to do so
- When an employee does not feel safe, physically or emotionally, while working
- When relationships are strained between co-workers and/or supervisors and
- When one employee or a group of employees suffer from workplace bullying or harassment.
Each of these factors can contribute to a stressful and even hostile work environment, and they can take a toll on employees.
Some effects of workplace stress are lack of motivation, physical illness, absenteeism, depression, alcoholism, or even death .
Can I Sue My Employer For Work
Sometimes, it seems like there is a stress epidemic going on as the pressures of modern life cause more and more people, in all walks of life and of all ages, to report feelings of stress. The impact of this societal issue on the modern workplace should not be underestimated. The Health And Safety Executive reports that in 2015/2016 45% of all working days lost to ill health were because of work-related stress. The overall economic loss to the Great British economy is estimated to be over £5 billion. What can you do if you think work stress is making you sick?
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