Can you sue a solicitor for stress?

Can you sue a solicitor for stress?

Trial for work-related stress

The mental pathology of the worker is caused by a prolonged situation of tension derived exclusively from work, given the disorganization of the department to which she was assigned without the existence of external agents that affect her depressive state, so that there is a direct and unequivocal causal link between the condition and the performance of the work activity.

The mental pathology of the worker is caused by a prolonged situation of tension derived exclusively from work, given the disorganization of the department to which she was assigned without the existence of external agents that affect her depressive state, so that there is a direct and unequivocal causal link between the illness and the execution of the work activity.

Previously, she had suffered several episodes of medical leave: from May 8, 2007 to October 5, 2007 for anxiety; from April 7, 2008 to March 17, 2010 also for anxiety; from June 14 to 26, 2012 also for anxiety; as well as from July 4 to 17, 2013 for depressive disorder.

Disability due to work-related stress imss

Vertical downward harassment. It consists of harassment from a boss to his employee or subordinate. This type of bullying is often provoked so that the employee feels cornered and resigns.

Persecution. “Conduct whose characteristics of reiteration or evident arbitrariness allow inferring the purpose of inducing the resignation of the employee or worker, by means of disqualification, excessive workload and permanent changes of schedule that may produce work demotivation”.

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Discrimination. “Differential treatment for reasons of race, gender, family or national origin, religious creed, political preference or social situation or that lacks any reasonableness from the labor point of view”.

Harassment. “Action tending to hinder the performance of the work or to make it more burdensome or delayed to the detriment of the worker or employee. The deprivation, concealment or rendering useless of supplies, documents or instruments for the work, the destruction or loss of information, the concealment of correspondence or electronic messages, among others, constitute actions of hindering work”.

Complaints of work-related stress

Our organism, when alerted to a situation perceived as alarming, also reacts behaviorally, psychologically and physiologically to neutralize or eliminate the threat, either by fleeing or by confronting it. Along these lines, we can say that when a person is faced with a problem or difficulty, he is forced to choose, as a general strategy, between one or the other of the following two possibilities: to confront the situation or to flee.

The decision to be taken is usually based on the evaluation of the situation, in which both the demands imposed by the situation and the capabilities and possibilities that the subject believes he/she has to cope with it are confronted. But whichever decision is taken, the organism will be activated both physically and psychologically, putting all its energy at the disposal of the achievement of the objective. And in the event that the difficulty persists for a long time and is perceived as superior to the capabilities that the subject possesses, is when “stress as a disorder” occurs.

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Work-related stress penalty

To file a claim for a work-related stress injury, you must show that the stress you suffered at work was greater than the stress of everyday life. Some people are more sensitive to stress than others, and an injured worker usually has to prove that the job would be extraordinarily stressful for any worker, not just themselves.

To win a workers’ compensation claim because of your stress at work, you must show a record of medical treatment. If you haven’t seen a doctor for your stress-related injuries, you probably can’t prove your case. If you have physical injuries caused by job stress, it is necessary to see a doctor and/or a psychologist for treatment before filing a claim.

Although workers’ compensation claims caused by stress at work can be difficult to win, they are not impossible, you just need to have an experienced workers’ compensation attorney who knows the law and knows what needs to be done.

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