If you have been mentally abused by someone where you work and have emotional distress, you have the right to contact a personal injury attorney to file a claim. You will go through some challenges, however, because this is not the type of thing a judge can see. Fortunately, there are some things you can do to help the outcome of your case. If you file this claim, below are some tips you should find helpful.
Determine if it is Really Distress
The first challenge you will have is to show the court that you really have emotional distress and not just hurt feelings or mental anguish. Emotional distress is not a temporary thing but it lasts for a long time and even affects your day to day life. Some symptoms someone with emotional distress may have include insomnia, anxiety, feelings of guilt, and depression. Before you file your claim, make sure what you are feeling is really emotional distress.
Prove That You Have Emotional Distress
Once you determine you really have emotional distress you will have to prove it to a judge and maybe a jury. To help you do this, you should get a mental health evaluation by a licensed doctor that can attest to this claim. If you are prescribed any prescriptions to help you with this problem, bring proof of those to the judge, such as a copy of the prescription and a receipt from the pharmacy where you have the prescription filled. You will have a very hard time winning your case if you cannot provide this information, and more than likely would not win it at all.
File a Worker's Compensation Claim
You should file a worker's compensation claim because your emotional distress was caused by mental abuse at work. The worker's compensation laws set depends on what state you live in. For example, there are some states that will not cover this type of claim at all. This is generally because it is very difficult to prove. This is when you need to hire a personal injury attorney to help you. You should ask other employees where you work if they witnesses the abuse and if they could help you prove it.
Contact the Department of Labor in your area to determine what laws are set for the state that you live in.
Your personal injury attorney, like Bishop Dorfman Kroupa & Bishop PC, can help you along the way and answer any questions you may have about your case.
After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.