Can I Sue my Job for Emotional Distress?

All jobs come with a risk of stress. Although a job can provide you financial stability and security in your life, there are times when a job produces significantly more stress and anxiety, and a worker could potentially hold their employer liable for emotional distress. If your mental, emotional and physical health have been negatively impacted by the negligent, outrageous, or intentional acts of another person at your job, then you may be able to file a personal injury claim against your employer.

All jobs inherently come with some levels of stress, and some professions are more stressful than others. For example, if you have a high-stakes job, are a caregiver, or work in a demanding field, you probably face many stressful situations on a daily basis. However, when a job causes mental trauma, that passes the threshold for emotional distress.

There were no injuries that occurred in my workplace. Can I still recover damages for emotional distress?

Yes. The law allows you to recover damages if you were or weren't physically harmed.

Intentional Infliction of Emotional Distress (IIED)

Intentional Infliction of Emotional Distress (IIED) is when one purposefully acts outrageously with the intention of causing another to suffer severe emotional distress. No bodily harm has to be done for a victim to file this type of tort.

Negligent Infliction of Emotional Distress (NIED)

Plaintiffs can sue for NIED if the defendant causes severe emotional distress through their negligent actions. Unlike IIED, though, to bring forth a claim for NIED, you must have been within a "zone of danger." For a plaintiff to recover damages for NIED, they must have experienced physical harm as well as mental harm.

However, there are some exceptions, which is why it's important to speak with an experienced attorney. An example of an exception is when a doctor tells a healthy patient that they have a terminal illness. The plaintiff may be able to recover emotional damages from the depression they suffered, and the physical suffering from the medications prescribed to treat the illness.

Do I need to hire an attorney?

In general, you should always anticipate that the defendant in a claim will have their own team of lawyers, so you should have an experienced attorney advocating on your behalf who also has a successful track record for winning these types of cases. This information is intended to help you have a better understanding of what happens when a person faces emotional distress in the workplace, but it is not intended to be legal advice. It is not a sufficient background to help you win your case on your own.

One of the most important reasons why you should seek out a lawyer is because this area of law changes. There could be statutes specific to your state or city that are applicable to your case, so you should consider hiring an attorney in the area where you worked and suffered from the trauma.

According to Steven Rubin attorney, many lawyers offer free case evaluations for individuals believing they have a valid claim. He recommends bringing documentation related to your emotional distress and what steps you have taken. A highly qualified attorney will then provide you legal counsel on how you should proceed.