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Can I Sue My Employer For Workers' Comp Emotional Distress?

Getting Emotional Distress Damages From Employment Law Claims In California

If your employer violates your employment rights and puts you through unjustified hardship, you'll have the option to sue them. Like most legal claims in California, there will be financial and emotional losses suffered by the employee or worker.


This is particularly important in Workers' Compensation claims, where work-related injuries can cause extreme emotional distress. Although, every other employment law claim can also be eligible for emotional distress damages depending on the facts of the case.


That said, emotional distress damages have always been more challenging to acquire. Unlike monetary damages, which can be proven through documents like receipts and pay slips, emotional distress can be subjective. However, it is possible, and there's a way to do it.

Here's what our prescreened Employment Lawyers in Los Angeles have to say:


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Examples Of Emotional Distress A Plaintiff Might Face In California

There are several ways a worker or an employee might suffer emotional distress. It highly depends on what happened in your case and how much it's affected you.

Here are a few examples of emotionally distressing situations:

  • Suffering emotional distress and trauma from a work-related accident.

  • Being unable to work can affect you both financially and emotionally.

  • Experiencing retaliation resulted in a toxic work environment.

  • You've experienced discrimination at work, making it hard to properly function.

Note that the above are some common examples of how emotional distress manifests in workplace legal issues. Just because your anxieties and emotional experiences aren't listed above doesn't mean you can't be awarded non-economic damages.


So, contact a Los Angeles Employment Attorney to ensure you're not missing anything. Your Employment Lawyer in Los Angeles can review the facts of your claim and identify all the economic and non-economic damages you might be eligible for.


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Can I Sue My Employer For Stress And Anxiety?


You need to prove that your employer purposefully or carelessly caused you to experience emotional distress. The objective is to demonstrate that this emotional distress is occurring and to identify the specific ones you are experiencing.


For example, if an employer refuses to approve your workers' compensation, it might cause anxiety and distress. Additionally, being unable to go to work because of your job-related injuries might cause mental and emotional trouble for you.

This is why the Best Workers Comp Lawyers In Los Angeles will ask you about the difficulties you go through to ensure you get compensation equivalent to your financial and emotional loss.

How To Sue Your Employer For Emotional Distress

You can't just sue someone without the legal backbone to back it up. Here's how emotional distress damages are won in California:

1. File An Employment Law Or Workers' Comp Claim

Note that you can get emotional distress damages as part of an employment law-related case. However, it is relatively challenging to foresee the possible damages awarded in an emotional distress lawsuit in California without a definitive claim to file against offending employers.

For example, if you're experiencing bullying and discrimination at work, it could fall under harassment and employment discrimination. Likewise, you can demand emotional distress damages from wrongful termination claims, discrimination claims, and workers' comp claims in California.

2. Proving Emotional Distress Experienced

Next, you'll need to show that you've emotionally suffered due to your boss' employment law violation. Start keeping track of the events that led up to your emotional suffering. This would serve as the record for anyone who saw the incident.

However, those coping with persistent problems should list those involved and the events that led to this mental suffering. You'll frequently encounter a Los Angeles Workers Comp Attorney who will tell their clients to keep journals and write down what they feel daily.


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1000Attorneys provides state bar-certified lawyer referral services in California. We review your case details for free, then match you with a fitting Workers Comp Lawyers in Los Angeles best-fitted to handle your employment law concerns.

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