When Stress And Anxiety Takes Hold In New Jersey Workplace
A job is an important aspect of anyone’s life. From providing financial security to a predictable routine every day, the workplace can almost be said to be sacred. You expect a certain level of safety and protection from your employer when you are on work premises, and they are obligated under the law to provide it. This is especially true of high-risk jobs such as those in construction. While it is understandable that every job comes with its fair share of stress and anxiety, there are times where you experience stress that is not reasonably expected based on your industry and job scope. We share with you more in this article.
Threshold for Emotional Distress
It can be difficult to determine if you have a case without legal consultation. This is because the threshold for emotional distress can vary from job to job. For instance, if you are a nurse or psychologist, it is expected that you have a heavy duty of care for your patients. Your job involves higher stakes than a waiter at a restaurant will experience, therefore, there is a higher threshold for emotional distress.
Legal Recourse for Workplace-Related Stress and Anxiety
Historically, an employee can only recover damages from emotional distress if it is accompanied by a physical injury. However, it is no longer necessary these days. Below are two categories you can bring up your case in if you have undergone workplace-related emotional distress:
- Intentional Infliction of Emotional Distress (IIED): This is only applicable if your employer has acted deliberately or recklessly in causing you stress and anxiety. For instance, if your employer has sexually harassed you or otherwise turned the workplace hostile against you.
- Negligent Infliction of Emotional Distress (NIED): Most cases would fall under this category. This simply means that your employer has violated the duty of care they owe to employees or acted negligently, resulting in stress and anxiety. For instance, if your employer failed to put the proper safety precautions in place at a construction site, this can lead to employees experiencing additional emotional stress even if no physical injuries occurred.
When an individual undergoes intense stress and anxiety, there are undesirable physical effects to it as well. This can include dizziness, shortness of breath, increase in heart rate and many more, which can render the employee unable to carry out their job duties as usual.
Turn to Carcich O’Shea For Employment Litigation Representation
If you believe that you have been put through undue levels of stress and anxiety at your workplace, the first thing to do is seek out employment litigation with Carcich O’Shea, LLC. You have legal recourse and do not deserve to suffer in silence. Our attorneys are well-versed in the latest employment laws and will see to it that you are fairly represented in the case against your employer.
Contact us today if you would like to discuss what can be done if you have suffered undue workplace-related emotional stress and anxiety.