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 and mental anguish on-the-job. This is a good question with a somewhat complicated legal answer. 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. 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?
You can sue your employer for stress and mental anguish only if a medical professional takes you off work. The burden is on 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.
How do you prove this type of claim?
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.
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 hi 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.
Injured on the job? Call our workers’ comp lawyers now!
If your job 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 (844) 316-8033 for a free consultation today.
Related information:
Short Term Disability And Workers’ Comp: What’s The Difference
