Workplace stress and pressure can take a toll on your mental health and overall well-being. While it’s common for employees to experience stress at work, severe emotional distress caused by work-related factors can be debilitating.

You can sue your employer for emotional distress, but it’s more complex than it seems. So this article explores the legal aspects of suing your employer for emotional distress in Canada and what you should know before taking legal action.

How Can You Prove Emotional Distress is Happening at Work?

Proving emotional distress caused by work-related factors is not easy, but it’s not impossible either. You need to establish a clear link between your workplace and the emotional distress you’re experiencing.

Factors like bullying, harassment, discrimination, unreasonable work demands, and a toxic work environment can lead to emotional distress. To prove emotional distress, you should provide evidence that shows how these factors have affected your mental health.

If you’ve sought medical treatment for your mental health issues caused by work-related factors, your medical records can serve as evidence. You can also provide witness statements from colleagues or supervisors who have witnessed the work-related factors causing your emotional distress.

Keeping a journal can help you remember important details and provide evidence for your case. Additionally, seeking the advice of a top labour lawyer in Canada can help you understand the legal process and how to prove emotional distress in court.

What Types of Emotional Distress Can a Person Experience at Work?

Work-related emotional distress can manifest in various forms, and everyone may experience it differently. Some common types of emotional distress experienced in the workplace include:

Anxiety: Feelings of worry, fear, or apprehension that can affect your ability to work.
Depression: A feeling of sadness or hopelessness that can lead to a lack of motivation and productivity.
Post-Traumatic Stress Disorder (PTSD): PTSD can develop after experiencing a traumatic event at work, such as a workplace accident or witnessing a violent incident.
Burnout: A state of physical, mental, and emotional exhaustion caused by prolonged stress.
Panic attacks: A sudden onset of intense fear or discomfort that can affect your ability to work.
Insomnia: Difficulty falling asleep or staying asleep due to work-related stress.

Your mental health is crucial, and ignoring these symptoms can lead to further complications. If these symptoms are caused by work-related factors, you may have a case for emotional distress against your employer.

What are the Signs of Emotional Distress?

Emotional distress can manifest in various ways, and it’s essential to recognize the signs early to prevent further complications. Some common signs of emotional distress include:

Changes in behaviour: You may notice that you’re not behaving like your usual self. For example, you may be more irritable or withdrawn than usual.
Physical symptoms: Work-related emotional distress can cause physical symptoms such as headaches, fatigue, and gastrointestinal problems.
Difficulty concentrating: You may find it challenging to concentrate on your work, which can lead to mistakes and reduced productivity.
Changes in appetite: Work-related stress can lead to changes in appetite, such as overeating or not eating enough.
Substance abuse: Some people may turn to alcohol or drugs to cope with work-related stress, which can lead to further problems.
Sleep problems: Emotional distress can also cause sleep problems, such as insomnia or oversleeping.

Suing for Emotional Distress at Work

To sue for emotional distress, you must be able to prove that your employer’s actions or inactions caused you to suffer emotional harm. This can be difficult to do, as emotional distress is not always visible and can be subjective. It is also important to note that emotional distress must be severe enough to warrant legal action. Minor emotional distress, such as a short-lived emotional upset or stress, is generally not enough to support a legal claim.

Note that there are time limits for filing a lawsuit for emotional distress. In most cases, you have two years from the date of the incident to file a claim. If you wait too long, you may lose your right to sue.

Suing your employer for emotional distress can be expensive, as legal fees can increase quickly. However, many labour lawyers in Canada offer free consultations, which can help you understand your legal options without incurring any costs. In addition, some lawyers work on a contingency basis, which means that they only get paid if you win your case.

Damages in a Successful Emotional Distress Claim

If you are successful in your emotional distress claim against your employer, you may be entitled to damages. These damages can include compensation for:

Pain and suffering: This can include compensation for any physical or emotional pain you have experienced as a result of your employer’s actions.
Lost income: If your emotional distress has caused you to miss work, you may be able to recover lost income.
Medical expenses: If you have incurred medical expenses as a result of your emotional distress, you may be able to recover these expenses.
Punitive damages: In some cases, a court may award punitive damages as a way to punish an employer for their actions.

Will Your Emotional Distress Case Go to Court?

Not all emotional distress cases go to court. Many are settled outside of court through negotiation or mediation. However, if the case cannot be resolved through these methods, it may proceed to court.

If the case does go to court, the plaintiff will need to prove that their emotional distress was caused by the employer’s conduct and that the employer breached a duty of care owed to the employee. The employer may argue that they took reasonable steps to prevent the employee from suffering emotional distress or that the employee’s distress was not caused by their conduct.

If you are experiencing emotional distress due to the actions of your coworkers or supervisors at work and your employer is not providing the necessary help, you can seek legal assistance from a lawyer. Contact one today to schedule a consultation and discuss your options.