Michigan workers’ compensation lawyer discusses whether you can sue your employer for stress.
Many people want to know if they can get workers’ compensation because of emotional distress and mental anguish on-the-job. This is a good question with a somewhat complicated legal answer. In Michigan, you can sue your employer for stress and mental anguish but it must arise out of actual events of employment and is limited to workers’ compensation benefits. It cannot be made up, imagined, or happen in the employee’s head.
Our experience is that most people have tension from their jobs. It is usually manageable and does not interfere with their ability to do work. However, for some individuals it can be overwhelming and turn into a disability. This is especially true for employees who must constantly deal with toxic coworkers and abusive managers.
We understand the problems that come with a stressful work environment. It can be hard dealing with constant harassment, unreasonable deadlines, and selective discipline. If an employee feels overwhelmed by tension/anxiety and can no longer function at work, it is critical for him or her to seek professional medical assistance. Only then can it be determined if the employee meets the criteria to sue their employer for stress and mental anguish in Michigan. It is also a good idea to contact an experienced workers' comp attorney for a free case evaluation and then they can decide to file a lawsuit.
Can I sue my employer for stress in Michigan?
In Michigan, you can sue your employer for stress, but only in specific situations where the mental strain is caused by company negligence, harassment, discrimination, or wrongful termination—not from normal workplace pressure. To bring an emotional distress claim, you must show that your company’s actions directly caused severe emotional harm, usually backed by medical records, written complaints, or documented incidents. In many cases, work-related emotional distress may instead may need to be addressed through workplace injury benefits, especially if the mental strain isn’t tied to a single event or clearly unlawful behavior.
What are the grounds for suing for stress in Michigan?
In Michigan, you may sue your employer for stress in several situations: if they intentionally or recklessly caused severe emotional harm (IIED), acted negligently leading to distress (NIED), engaged in workplace discrimination or harassment, wrongfully terminated you, or failed to prevent foreseeable emotional harm, breaching their duty of care. Here's a closer look at each scenario:
Intentional Infliction of Emotional Distress (IIED)
In Michigan, you may be able to sue your employer for stress under Intentional Infliction of Emotional Distress (IIED) if their actions were extreme, outrageous, and intentionally or recklessly caused you severe emotional harm. This type of claim is not for ordinary workplace pressure or disagreements—it applies only when an employer’s behavior goes far beyond what any reasonable person would tolerate, creating serious emotional suffering. Examples can include threats, humiliation, or other extreme conduct specifically aimed at causing distress.
To pursue an IIED claim, you must show that your company’s conduct directly resulted in significant emotional harm. Evidence such as medical records, documentation of incidents, emails, or witness statements can help establish the severity and intentional nature of the distress. Successfully proving IIED can lead to compensation for emotional suffering, lost income, and other related damages. This legal avenue exists to hold companies accountable when their actions deliberately or recklessly cause profound emotional harm.
Negligent Infliction of Emotional Distress (NIED)
In Michigan, you may be able to sue your employer for stress under Negligent Infliction of Emotional Distress (NIED) if their carelessness or failure to act reasonably caused you emotional harm. Unlike intentional misconduct, NIED applies when an employer’s negligence—such as ignoring unsafe work conditions, failing to address harassment, or neglecting workplace policies—directly leads to significant stress or emotional suffering. This type of claim focuses on what the employer should have done to prevent harm, rather than on deliberate actions.
To succeed in an NIED claim, you must show that your company’s negligence directly caused your emotional distress. Supporting evidence can include medical or psychological records, documentation of incidents, emails, or witness statements that demonstrate the connection between the company’s inaction and your suffering. If proven, you may be eligible for compensation for emotional harm, related expenses, and other damages tied to the emotional distress caused by your company’s negligence.
Discrimination or harassment
In Michigan, you can sue your employer for stress if you experience workplace discrimination or harassment. This type of claim arises when an employer or coworker treats you unfairly or targets you based on protected characteristics such as race, gender, age, religion, disability, or other legally protected factors. The resulting stress, anxiety, or emotional suffering caused by this mistreatment can be included in your case alongside claims of discrimination or harassment.
To pursue a claim, you must show that the discriminatory or harassing behavior directly caused emotional distress. Evidence like emails, messages, performance reviews, witness statements, or records of complaints can help demonstrate the impact on your mental well-being. Successfully proving emotional distress as part of a discrimination or harassment claim can lead to compensation for emotional suffering, lost income, and other related damages, holding the company accountable for creating a hostile work environment.
Wrongful termination
In Michigan, you can sue your employer for stress if you were subjected to wrongful termination. This type of claim applies when your employer fires you in violation of employment laws, company policies, or contractual agreements—for example, terminating you due to discrimination, retaliation, or in breach of an employment contract. Emotional distress caused by being wrongfully fired, such as anxiety, depression, or financial stress, can be included as part of your claim.
To pursue a wrongful termination claim for emotional distress, you must show a clear link between your termination and the emotional harm you suffered. Evidence like termination notices, emails, witness statements, or medical records documenting emotional distress can strengthen your case. If successful, you may be eligible for compensation for emotional suffering, lost wages, and other damages resulting from your company’s unlawful actions.
Breach of duty of care
In Michigan, you can sue your employer for stress if they breach their duty of care and fail to prevent foreseeable emotional harm. Employers are legally expected to take reasonable steps to maintain a safe and supportive workplace, including addressing hazards, harassment, or other conditions that could cause serious stress. When an employer neglects this responsibility and their inaction leads to significant emotional distress, you may have grounds for a legal claim.
To pursue a claim for emotional distress based on a breach of duty of care, you must show that your company’s failure directly caused your emotional harm. Evidence such as incident reports, complaints, medical records, or witness statements can help demonstrate the link between their negligence and your distress. If successful, you may recover compensation for emotional suffering, related expenses, and other damages tied to the mental anguish caused by your company’s failure to uphold their duty.
What do I need to do to sue my employer for stress in Michigan?
To sue your employer for stress in Michigan, you need to start by gathering detailed evidence, including records of incidents with dates, times, and descriptions, as well as all communications with your company or HR regarding the mental anguish. Collect medical documentation showing the physical or emotional symptoms you’ve experienced, such as anxiety, insomnia, or headaches, and obtain a report from a mental health professional or doctor to support your claim. If your stress developed gradually rather than from a single event, you may need to explore a workplace injury or benefits claim instead. Finally, it’s highly advisable to consult an experienced workers' comp lawyer, as suing for emotional distress can be legally complex and difficult to prove.
Are these claims difficult to prove?
In Michigan, claims for suing your employer for stress 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 employee’s perceptions are grounded in fact and reality. Events cannot be made up, imagined, or happen in the employee’s 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.
What type of workers’ compensation benefits are available?
State law protects employees who develop work-related medical conditions. This means you can sue your employer for stress and mental anguish claims but only for workers’ compensation benefits.
When you sue your employer for stress and mental anguish this means entitlement to medical treatment begins immediately. Medical bills should be covered 100% without any co-pays. This includes prescription medication and therapy. An employee can select their own doctor after 28 days from the start of medical care.
Lost wages should be paid if an employee is unable to work. It is not enough to show that a person cannot do their specific job. This type of claim must disable an employee from all work that is within qualifications and training for a period of at least 7 days. The amount paid for lost wages is equal to 80% of a person’s after-tax average weekly wage. Payments should continue for the entire length of disability.
Are you suffering from workplace stress in Michigan and wondering if you can sue your employer? Call our workers’ comp lawyers now!
If your job in Michigan has caused you stressed and mental anguish and you have questions about suing your employer, call now to speak with an experienced workers’ comp attorney, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years. Our attorneys can help you better understand workers' comp laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Our law firm never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call (855) 221-2667 for a free consultation today.
Related information:
Short Term Disability And Workers’ Comp: What’s The Difference