Most Americans spend the majority of their time at their place of work. And whether it’s the office or warehouse, your workplace should promote stability and a sense of security in your life. But what happens when your job is causing more stress and anxiety than is called for? What do you do if someone at your work is making your life uncomfortable?
When it comes to workplace trauma, it is essential to understand the definition of the legal term “Emotional Distress.” If you feel like you have been the victim of unnecessary emotional distress, then you should probably seek the help of a legal professional.
Emotional Distress in the Workplace
We live in a fast-paced society with a multitude of different jobs, each carrying its unique levels of stress. The lines between “normal” and “unnecessary” stress can be blurred, but it is crucial to consider the amount of stress generally expected with your job before you make a claim. For example, if you are a nurse, your job is understood to be high-stress. But, if there is something other than your work causing you mental strain, then you may have a case.
If your stress, anxiety, or depression result from actions such as racial or gender discrimination or sexual harassment in the workplace, then you likely have a claim against your employer.
Once an employee is discriminated against by their employer, emotional distress often follows. This will come in many forms, and the mental consequences can be pursued as part of an employee’s claim for discrimination.
Suing for Emotional Distress
When it comes to suing your employer for emotional distress, there are two categories to consider:
- Negligent Infliction of Emotional Distress: With this type, you could potentially sue your employer if they violated the duty of care not to cause emotional stress in the workplace. For example, if you work in an industrial plant and you are consistently placed in danger of injury, you may sustain severe stress from being in danger.
- Intentional Infliction of Emotional Distress: This category can be used if you can prove your employer acted intentionally to cause you stress. For example, if your employer sexually harasses you, their actions would be deemed reckless and outrageous, and your resulting emotional distress would be classified as intentional.
Enlist the Help of a Qualified Attorney Today
If you or someone you love in Utah has suffered emotional trauma from their workplace, come to us at Truman & Radford, Injury Attorneys. We have a patient, experienced team who understands the burden of emotional distress. We will evaluate your case and guide you through the legal proceedings. Reach out today and book a consultation at our offices in St. George.
Truman & Radford, Injury Attorneys
20 N Main St #309
St. George, Utah