WORK STRESS LAWYER

Work stress can be sued for in the workers compensation system, or the civil system. Complex rules determine whether work stress is compensable meaning whether an employee can obtain money due to work stress. Our workplace stress lawyers can assist you in determining if you may sue for work stress.

Call (323) 525-1600 TO SPEAK TO AN EXPERIENCED CALIFORNIA WORK STRESS ATTORNEY

Employees cannot recover money for all forms of work stress. Work s tress that is sufficiently outrageous may allow an employee to sue for damages in the civil court system. The standard for suing for work stress in the California Workers Compensation System are, “Sudden and extraordinary events” at work.

WORKPLACE STRESS IN THE CIVIL COURT SYSTEM

Stress, mental distress, and emotional distress caused in the California workplace by the following may be recovered as a, “Non-economic” damage in the California civil court system:

1. Assault, or Battery including sexual assault or battery by coworkers, managers, or supervisors under specific circumstances our workplace injury lawyers can advise you about
2. Discrimination in Employment (Age, color, disability, FMLA, genetics, medical condition, national origin, pregnancy, race, religion, sex, sexual harassment, sexual orientation), or harassment at work based upon any of these protected characteristics.
3. Wrongful Termination (Due to a protected characteristic, or Whistleblowing)

Bizarre workplace conduct that violates a statute may allow the employee to sue for reckless or intentional infliction of emotional distress due to facts not otherwise described above. Defrauding an employee into accepting employment may allow for recovery of emotional distress. Identity theft may also allow for recovery of emotional distress at work. The circumstances in which an employee can recover for emotional distress are somewhat limited and require a good labor lawyer to analyze whether the conduct allows the employee to sue for work stress.

WORKPLACE STRESS IN THE WORKERS COMPENSATION SYSTEM

Recovery for workplace stress through California Workers Compensation Laws require a substantial cause of the stress be caused by work. The events at work that are capable of causing workplace stress, in the workers compensation system can be partially found under California Labor Code Section 3208.3.

Compensable Workplace Stress Includes:

1. Workers who are victims of violent attacks at work regardless of the length of time worked. Violent attacks generally include store robberies, or assaults or batteries at work.
2. Employees of 6 months or more regardless of whether the employment is continuous if they suffer from a sudden and extraordinary employment condition

Sudden and extraordinary employment conditions include the same things that allow for recovery of mental distress in the civil system. They would also include something like the trapping of an employee in a bank vault over the weekend, the collapse of a building on the employee where they become trapped, an employee stranded in a remote place such as a desert where they have to fight for their life, potentially an employee thought to be exposed to a deadly disease even if they end up not contracting the disease, or a manager who subjects an employee to a bizarre punishment such as a licking a toilet bowl, or forcing the employee to harass somebody to the point a restraining order could be issued.

Personnel actions are not in themselves compensable under the workers compensation system.

1. A $50,000 fine as well potential criminal fines can be levied in the event of a false workers compensation claim

SUE FOR WORK STRESS

You are strongly encouraged to seek the in person or over the phone consultation with an experienced workplace lawyer in order to determine your rights to recover money against your employer for work stress. You may be entitled to sue for work stress. California work stress laws are complex and restrictive. Call (323) 525-1600 to speak to an experienced workplace stress lawyer.