Can you sue the workplace for emotional stress?

Asked by: Dr. River Eichmann IV  |  Last update: October 13, 2025
Score: 4.9/5 (15 votes)

Yes, you can file an emotional distress lawsuit. If a supervisor caused emotional distress or a co-worker recklessly or intentionally inflicted emotional distress, you may have a case. Some workplaces are more stressful than others. But not every situation meets the legal definition for emotional distress.

How do you prove emotional distress at work?

The two main ways to prove emotional distress damages are (1) for the employee (and their friends and family) to testify about how the discrimination caused psychological injury, and/or (2) have a doctor or mental health professional testify about the harm suffered.

Can I sue my workplace for emotional distress?

Yes, you can sue your employer for emotional distress if you can prove that their actions or negligence caused severe emotional harm. Emotional distress damages and workplace stress usually constitute mental distress or mental health issues caused by workplace stress.

What constitutes emotional distress?

emo·​tion·​al distress. : a highly unpleasant emotional reaction (as anguish, humiliation, or fury) which results from another's conduct and for which damages may be sought. called also emotional harm, mental anguish, mental distress, mental disturbance, mental suffering. see also outrage, zone of danger.

Is suing for emotional distress worth it?

Intentional infliction of emotional distress claims are often included in lawsuits, but they tend to be among the claims most commonly dismissed early in the process. Unless you also have other stronger claims to pursue or your case is extremely unusual, it's not going to be worthwhile to pursue such a claim.

What is Involved in Suing for Emotional Distress

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What evidence do you need for emotional distress?

Medical records that attest to the victim's injuries or diagnosis of mental health conditions, such as PTSD, anxiety, and depression, are among the most important pieces of evidence that prove emotional distress in court.

How much compensation for distress and inconvenience?

The adjudicator will decide whether it's fair and reasonable to make an award for inconvenience and distress. They can make an award up to £2500, but most awards are between £100- £200.

How to win an emotional distress case?

In an emotional distress claim, proving that the defendant acted with intent is key. This means showing that they knew or should have known their actions would cause serious distress. Your lawyer will start by gathering evidence such as emails or text messages, which can be crucial in establishing this intentionality.

What are 5 warning signs of stress?

How stress can make you feel
  • Irritable, angry, impatient or wound up.
  • Over-burdened or overwhelmed.
  • Anxious, nervous or afraid.
  • Like your thoughts are racing and you can't switch off.
  • Unable to enjoy yourself.
  • Depressed.
  • Uninterested in life.
  • Like you've lost your sense of humour.

What is the difference between emotional stress and emotional distress?

Stress responses are normal reactions to environmental or internal perturbations and can be considered adaptive in nature. Distress occurs when stress is severe, prolonged, or both.

Can I sue my employer for a toxic work environment?

Employees who experience a hostile work environment in California have options for seeking redress. They can file a complaint with the California Department of Fair Employment and Housing (DFEH) or file a lawsuit in court.

What are three warning signs of emotional distress?

Warning Signs and Risk Factors for Adults
  • Crying spells or bursts of anger.
  • Difficulty eating.
  • Losing interest in daily activities.
  • Increasing physical distress symptoms such as headaches or stomach pains.
  • Fatigue.
  • Feeling guilty, helpless, or hopeless.
  • Avoiding family and friends.

Can I make a claim for emotional distress?

In severe cases, emotional distress can also lead to lost income or diminished earning capacity, for which claimants may seek compensation. The amount of damages awarded will depend on factors such as the severity of emotional distress, impact on daily life, and specific circumstances of the case.

Can I sue my job for emotional stress?

Yes. California's workplace laws extend protections against hostile and unsafe work environments, which can include excessive stress and anxiety from having to work in these unsafe conditions.

What is considered a hostile work environment?

A hostile work environment is one where the words and actions of a supervisor, manager or coworker negatively or severely impacts another employee's ability to complete their work. Any employee can be responsible for creating a hostile work environment.

How do I file a stress claim at work?

how to file a stress claim at work?
  1. Report the issue to your employer.
  2. Seek medical evaluation and obtain a diagnosis from a mental health professional.
  3. Complete the necessary workers' compensation claim forms provided by your employer or their insurance carrier.

What are the symptoms of a burnout?

Here are six signs you're burned out:
  • It's affecting how you do – or how you feel about – your job. You may be cynical or negative. ...
  • Your sleep is off. ...
  • Your eating habits have changed. ...
  • You're having headaches or stomachaches. ...
  • You're emotionally exhausted.

What does chronic stress do to the body?

As a consequence, people can develop memory impairment or mental health disorders such as anxiety, depression, and insomnia. Constant stress can also weaken the immune system, making individuals more susceptible to infections and illnesses, and slowing the body's ability to heal and recover.

What is emotional breakdown?

“Emotional breakdown” is often casually used to describe feeling overwhelmed and stressed.

How much compensation can you claim for stress?

An award of over £1,500 and up to around £5,000 is appropriate where the mistakes cause sustained distress, potentially affecting someone's health, or severe disruption to daily life typically lasting more than a year.

How much can you get for suing for emotional distress?

First, there exists a garden variety emotional distress claim where you assert the claim but do not need to find and obtain a medical opinion by a therapist or psychiatrist. Generally, these claims are worth $30,000-$50,000.

What is punitive loss?

Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim.

Will insurance pay for inconvenience?

Usually, you cannot get compensation for intangible losses like “pain and suffering” or inconvenience in a personal injury claim when a physical injury is not present. Example: Several cars were engaging in illegal street racing on narrow streets in a downtown area of a city.

How do I ask for compensation from a company?

Here are some detailed tips on how to negotiate the salary offer like a pro.
  1. Be timely and tactful. Bringing up salary too early is still a no-go. ...
  2. Hold your cards fairly close. ...
  3. Get your figures right. ...
  4. Discuss what's offered. ...
  5. Present a strong case. ...
  6. Never bluff. ...
  7. Think beyond the pay packet. ...
  8. Get it in writing.

What is the average payout for negligence?

On average, personal injury settlements range between $10,000 and over $75,000. A settlement is a financial agreement reached between the injured party and the party at fault or their insurance company to compensate for damages caused by an accident or negligence.