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Posts from Joshua Newville, a Minnesota employment lawyer, civil rights attorney, and mediator.

Can an Employment Claim Be Filed for Stress and Anxiety?

Having a job is essential in order to provide for yourself and your family. In order to keep making money and keep your position, you usually have to adhere to certain guidelines and put up with minor stress in order to keep up on your workload and do your job effectively. However, sometimes the stress and anxiety that you feel from your work is too much and is more than the normally expected amount.

man stressed and holding the bridge of his nose while sitting in front of computer

When you feel this level of stress and anxiety and believe it’s too much, you might be tempted to put up with it because you want to keep your job. But you shouldn’t have to deal with these feelings. An employment litigation lawyer could help you determine if the stress you’re feeling from your position falls under the general expectations or if it crosses the line into an employment law claim.

So that you can better understand when your boss or coworkers cross that line, let’s take a look at when you can file an employment claim for stress and anxiety.

Filing for Stress and Anxiety

Workers’ compensation exists so that employees are covered for injuries that they suffer while on the job. In workers’ comp cases, you don’t have to prove that the employer was at fault in order to receive the compensation you deserve. The employee files the claim for their damages and their employer handles it. However, in an employment claim, you do have to prove fault, which is why it’s important to have a lawyer representing you. When dealing with stress and anxiety caused by the workplace, though, you’re probably wondering if that qualifies as an employment claim.

In short, yes, your stress and anxiety caused by your job could make you eligible for an employment claim. With a lawyer on your side, you can determine the extent of your injuries, what caused them, and who was at fault.

Mental health injuries are just as real as physical injuries. So when the stress and anxiety caused by your job, boss, or coworkers has interfered with your ability to work and caused you to seek treatment, your employer could be held accountable for these damages.

Anxiety and stress can greatly impact your life. According to a report by The American Institute of Stress, 65 percent of workers surveyed said that their work stress causes trouble in their lives. Issues like anxiety, severe stress, and PTSD can all be caused by your workplace, the people you work with, or your job itself.

For example, if you are an ER nurse and see traumatic injuries day in and day out, this can lead to all of the above, and make it impossible to work. An employment claim would enable you to get compensation so you don’t have to worry about the financial hit of missing work due to your mental health that was suffering from your job.

Complications in Proving Your Injuries

When you’re seeking justice through an employment claim, proving your employer or coworkers were at fault for your injuries can be difficult. That’s why having an attorney to guide you through your employment claim will be essential.

It can be difficult to prove that emotional and mental injuries were caused directly by your job and not any other outside stressors. Unlike physical injuries, they’re harder to see and diagnose. Using your documentation from any mental health services sought will be essential in proving that your stress and anxiety was directly caused by your job and not other factors.

This could make your mental injuries harder to prove, but that’s why it’s important to seek medical or psychiatric treatment when you’re feeling increased stress and anxiety from your work. This will provide you with treatment, but also will serve as physical evidence by documenting your visit, why you sought treatment, and any diagnosis that your doctor gave you.

Even though stress and anxiety can leave you feeling alone, you shouldn’t have to go through an employment claim on your own. I understand that this is a vulnerable time in your life. That’s why I'm here to help you. I want to make sure that you feel confident in your claim and get you the compensation and peace of mind that you deserve.

An employment law attorney can help you recover what you’re owed so that you can get back to focusing on what really matters—healing. Reach out to my office so that I can get started as soon as possible to get you back on your feet.


Joshua Newville is a Minnesota employment lawyer, civil rights attorney, and mediator. Josh litigates and advises on such matters as wrongful termination, whistleblowers, discrimination, police misconduct, and more. He offers paid legal consultations and free online case reviews regarding employment law and civil rights.


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