Can I Sue My Employer For Emotional Distress?
Is it possible for me to sue my employer if I suffer emotional distress? In this article, we will discuss the definition of “intentional infliction of emotional distress,” how to prove emotional distress in a lawsuit, and whether you can file a lawsuit. This article will also explain the types and methods of proving that you were subject to emotional distress.
Intentional infliction of emotional distress
Stress at work is common. Many people experience anxiety or depression from work-related stress. Sometimes, this stress can even lead to suicidal thoughts, and many workers turn to alcohol or drugs when they’re overwhelmed at work. Studies show that over 80 percent of employees feel stressed at work. 25% of those workers cite their job to be the most stressful. If you’re feeling the same way, you may be able to sue your employer for intentional infliction of emotional distress.
Although it is rare for employees not to sue their employers for inflicting emotional distress, it is possible. You must prove that your employer caused you severe emotional distress by acting recklessly or in an intentional manner. This is usually the case when you can’t be blamed for the emotional distress – the employer may not even have been aware of the illegal behavior.
Emotional distress: Damages
If an employee is affected by the employer’s actions, they could have a legal case. An employer may not have done anything wrong, but a victim could experience depression or anxiety due to a job-related violation. A mental health professional’s testimony can help bolster an emotional distress claim. If the employer fails remedy the problem, the testimony can be useful. Mental health records are also useful in proving the emotional effects of discriminatory actions.
Although emotional distress is more difficult to prove than a physical injury it is possible to present medical evidence to support your claim. It is important to prove that the conduct you were subjected to caused the emotional stress. You may be eligible to receive emotional distress damages if you can prove that your mental condition existed before the conduct occurred. The damages awarded will usually be compensatory, but punitive damages are rare.
In a lawsuit, evidence of emotional distress is required
It is essential for a person to prove that they suffered emotional distress as a result of a job related incident. This is often a difficult task, since emotional distress is often harder to prove than physical injury. It is common to need a diagnosis from either a mental health professional or a doctor to determine the severity of your distress. In some cases, you may also need an expert witness to provide testimony about the impact of the incident on your mental state.
A lawsuit against an employer requires evidence of emotional distress. This evidence is often based upon psychological or medical records. Doctor may prescribe medication to ease your suffering and pain. Your case will be strengthened if you have a doctor testify about any injuries sustained at work. If the doctor confirms that your employer caused you emotional pain and distress.
Whether you can sue your employer for emotional distress
You may have a case for suing your employer if you have suffered stress at work. This stress can make it difficult to fall asleep at night and cause you to lose appetite. You might even feel depressed or have suicidal thoughts. In some cases, your employer might even get rid of your job or put you in a different department. You can sue your employer for emotional distress if this happens. Most cases will favor the employee.
While emotional distress cases can be difficult for employers to prove, there are some situations where you might be able to sue your employer for monetary damages. For help deciding if you are eligible to file a lawsuit against your employer, consult a Los Angeles employment lawyer. If you have a valid case, you will need to prove that your employer was negligent or caused your emotional distress. You will also need to prove that your employer caused your injury.