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 stress on-the-job. This is a good question with a somewhat complicated legal answer. Can I sue my employer for stress? The answer is ‘yes,’ 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 employee 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. It is also a good idea to contact an experienced attorney for a free case evaluation.
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 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.
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.
What type of workers’ compensation benefits are available?
Michigan law protects employees who develop work-related medical conditions. This means you can sue your employer for stress claims but only for workers’ compensation benefits.
When you sue your employer for stress 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 his or her 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.
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 35 years. Call (844) 316-8033 for a free consultation today.