Attorney at Gina Corena & Associates
Practice Areas: Personal Injury
Work-related stress is a growing concern in the workplace. While it’s easy to dismiss it as “just part of the job,” the reality is that prolonged stress can take a serious toll on your mental and physical health. If you’re feeling overwhelmed, anxious, or even ill due to work, you may wonder if you can hold your employer accountable. The good news is that under certain circumstances, you can sue your employer for work-related stress in Nevada. This guide will walk you through everything you need to know.
Work-related stress happens when the demands of your job become too much to handle. This stress can stem from various sources, such as tight deadlines, long hours, unrealistic expectations, or even conflicts with coworkers. When these pressures become too intense or last too long, they can lead to serious health issues like anxiety, depression, and even heart disease.
It’s important to recognize the signs of work-related stress early. These might include trouble sleeping, irritability, loss of concentration, and frequent headaches. If you’re noticing these symptoms, it’s crucial to address them before they escalate into something more serious.
In Nevada, employment laws are designed to protect employees’ physical and mental well-being. While these laws don’t specifically address work-related stress, they do require employers to provide a safe and healthy working environment. This includes taking steps to protect your mental health. If your employer fails to create a safe work environment, they could be held liable for any harm that results.
Additionally, Nevada’s worker’s compensation laws might cover stress-related claims, though they are more commonly associated with phsical injuries. Stress claims can be more challenging to prove, but they are not impossible. Understanding how these laws apply to your situation can help you determine your options.
You might be wondering when it’s appropriate to sue your employer for work-related stress. The key is to prove that your employer’s actions—or lack of actions—directly contributed to your stress. Here are a few situations where your employer might be liable:
In these scenarios, it’s possible to file a lawsuit against your employer for the stress they’ve caused. However, you must be able to show that their actions directly resulted in your health problems.
Another way employers can contribute to stress is by failing to accommodate employees’ needs. This can include refusing to adjust work hours for someone with a chronic health condition, not providing necessary equipment, or denying reasonable requests for flexible working arrangements.
For example, imagine you have a disability that requires you to take breaks more frequently than other employees. If your employer refuses to accommodate this need, your stress levels could skyrocket, potentially leading to serious health issues. This is not just unfair—it’s illegal.
Employers are required by law to make reasonable accommodations for employees with special needs, and failure to do so could be grounds for legal action.
Negligence is a critical factor in many stress-related claims. Essentially, negligence means that your employer failed to take reasonable care to protect you from harm. In the context of work-related stress, this could mean ignoring signs of an excessively stressful environment, such as not addressing bullying, harassment, or an unrealistic workload.
To prove negligence in a stress-related case, you must demonstrate that:
Proving negligence can be challenging, but it’s an essential step if you want to hold your employer accountable for the stress they’ve caused.
Discrimination and harassment are two of the most toxic behaviors that can occur in the workplace, and they are both significant contributors to stress.
Discrimination happens when an employee is treated unfairly based on characteristics like race, gender, age, or religion.
Harassment, on the other hand, involves unwanted behavior that is meant to intimidate, annoy, or threaten.
Both of these behaviors can create a hostile work environment, leading to severe stress for the victims. Employers have a legal obligation to prevent discrimination and harassment. If they fail to do so, they could be held liable for the resulting stress. Understanding these concepts is crucial for recognizing unfair treatment and knowing when it’s time to seek legal help.
Retaliation occurs when an employer punishes an employee for engaging in legally protected activities, such as filing a complaint about discrimination or reporting unsafe working conditions. Retaliation can take many forms, including demotion, dismissal, or unfavorable job reassignments.
This kind of behavior is illegal, and it can cause significant stress for the employee involved. If you’ve been retaliated against for standing up for your rights, you may be entitled to compensation for the stress you’ve experienced as a result.
To give you a real-world example, let’s look at the tragic case of Henderson firefighter Clete Najeeb Dadian, who died by suicide in 2022. His family attributed his death to the extreme stress he experienced on the job. Should they decide to file a wrongful death suit against his employer, they might have grounds for a case, especially if they can prove that his work environment contributed to his mental health issues.
This case highlights the importance of addressing work-related stress and holding employers accountable when they fail to protect their employees’ mental health.
If you’re dealing with work-related stress, it’s essential to take action before it worsens. Here’s what you can do:
Work-related stress is a serious issue, and under certain conditions, you can sue your employer if their actions or negligence have caused you significant harm. By understanding your rights and taking the appropriate steps, you can protect your health and well-being.
If you are dealing with work-related stress, contact us or call 702-680-1111 today for a free consultation. Your mental health matters, and you have the right to work in a safe and supportive environment.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.