In an ideal world, we would get along perfectly with our co-workers, but that is not always the case. Sometimes, you may be forced to deal with and be tolerant of the outrageous behavior of a colleague.
But what happens when the disturbance becomes too much such that you can no longer perform optimally? Do you keep quiet and assume nothing is happening or can you sue your employer for mental distress?
Keep in mind it is not just about productivity. Constant nagging and disturbance from a co-worker can make you feel anxious, depressed, and even angry whenever you think about work. This is not good for your mental health.
Therefore, if you are experiencing emotional distress at work, you could potentially have a valid personal injury claim against your employer.
However, you must keep in mind that this area of law is quite complicated because you need to prove an injury that is not physical.
So, if you have been saying to yourself “my job is causing me emotional distress” but did not know what to do, read on to find out if you can sue your employer for emotional distress.
Proving an Emotional Distress Claim
As mentioned above, proving emotional distress can be quite tricky because you are talking about a non-physical injury that people cannot see. It is different from sexual harassment.
So, you need to back your argument with solid documentation that will prove you suffered damages. The crucial elements you need to prove to succesfully sue for emotional distress include:
- The defendant having to have acted intentionally or recklessly;
- The defendant’s conduct must have been outrageous; and
- The conduct must have been the cause of severe emotional distress
In some cases, this may mean a psychologist, therapist, or doctor diagnosing you with the post-stress disorder (PTSD), depression or other mental illnesses.
The use of an expert witness is common in such cases because you must convince the court that you actually suffered and need compensation.
Since you are mostly relying on the expert witness to prove your case, suing for emotional distress can sometimes be an expensive affair.
Apart from providing evidence, you must also prove the other elements of an emotional distress claim.
For instance, you must show that the incident that caused the condition happened in the workplace.
Basically, you must prove that someone at the workplace acted recklessly and outrageously, leading to your pain and suffering.
In this case, outrageous conduct means much more than mere threats, insults, or annoyances.
For example, someone shouting at you and wishing that you were dead might not result in a valid claim but if someone falsely informed you that your close family member or child had been killed may lead to a valid claim.
Types of Emotional Distress
Legally, there are two types of emotional distress for which you can sue:
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- Negligent Infliction of Emotional Distress (NIED): If you believe that you suffered emotional distress as a result of your employer’s negligent actions or conduct, then you can sue for NIED. In this type of claim, you must prove that your employer acted negligently or in willful violation of a given statutory duty leading to your suffering. For instance, if there is a faulty piece of equipment at your workplace, and you get hurt while using it, you can have a valid emotional distress claim.
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- Intentional Infliction of Emotional Distress (IIED): In this type of emotional distress, your claim is based on extreme or outrageous behavior that is not only reckless but also intentional.
In your case, you will be required to prove that your employer acted recklessly or intentionally, and his/her conduct was outrageous. You must also prove that your employer’s acts directly caused your mental anguish.
IIED is also referred to as “the tort of outrage”, and it is usually difficult to prove because there are no clear guidelines on what represents extreme and outrageous actions/conduct.
Damages for Emotional Distress
So, the big question is, how do you price emotional distress? How do you determine how much you are supposed to be paid in compensation?
Generally, compensation for damages for emotional distress is directly proportional to the seriousness of the injury.
But this is a decision for the presiding jury in case your claim goes through to trial.
Typically, factors that influence the amount of compensation include the amount of harm you suffered, the outrageousness of the respondent’s behavior and whether the effects of the emotional distress you suffered are ongoing.
Suing Your Employer for Emotional Distress
Just in case you are planning to sue your employer for emotional distress, you must keep in mind that the whole process is fact-intensive.
Furthermore, you will need an experienced personal injury attorney to succeed.
However, if you are fully convinced that you suffered a legitimate injury that could disrupt your life, don’t be afraid to pursue a claim.
Contact us today to speak to an experienced personal injury lawyer who will assess your situation and advise you accordingly.
An attorney will help you understand the emotional distress law in your state and guide you through the different options at your disposal.
