In most cases, an individual most likely is unable to sue his or her employer for workplace stress and anxiety. However, if the employee’s stress and anxiety were caused by a violation of state and/or federal rights by the employer, then the employee may be able to file a lawsuit. Otherwise, any workplace injury (including from stress and anxiety) must be handled through the California’s workers’ compensation system.
For most people, stress is a natural part of their job. In fact, according to a recent Gallup poll, workers in the United States experience some of the highest levels of workplace stress, with 57% of Americans reporting high levels of daily stress at their jobs.
This area of law is complex, and each case is different. If you believe that your employer has caused you stress and anxiety by violating your rights, a Los Angeles employment attorney can help you determine if you may file a lawsuit. Contact Odell Law today to schedule a free consultation about your emotional distress claim.
Can I Sue My Employer for Stress and Anxiety?

What Is Emotional Distress?
Emotional distress is a legal term that describes a range of harms that a person may experience as a result of another person’s negligent or intentional conduct. It may include:- A diagnosed psychiatric condition (such as depression or anxiety);
- Sleeplessness;
- Strained relationships with friends and family;
- Loss of enjoyment of life; and/or
- Mental anguish.
For Example:
Carolyn works as an occupational therapist. Her immediate supervisor is incredibly difficult and often schedules too many patients for Carolyn to attend to. Her supervisor is also incredibly negative, and is always harping on Carolyn about her paperwork and minor errors. Carolyn finds that she is losing sleep at night and is eventually diagnosed with depression because of her work. Here, because Carolyn was not harassed or discriminated against, she most likely may not sue her employer for her stress and anxiety, but may be able to file a workers’ compensation claim. However, if Carolyn’s supervisor only treats Carolyn badly and constantly makes comments about how Carolyn should be able to take on the extra work because she is not married and does not have kids, Carolyn might be able to sue for emotional distress in a workplace discrimination and harassment lawsuit.