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Can you get punitive damages from the state for Stress

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DonnaGarcia

Junior Member
undefinedundefinedWhat is the name of your state? California
Can you get monetary damages or punitive damages for harrasment from an employer, who caused a person to have high blood pressure from stress in the work place? That is my question.
 
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ENASNI

Senior Member
There is no stress in California. :p Only between the Earth's plates underneath us.. :eek:
 
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belli

Junior Member
DonnaGarcia said:
undefinedundefinedWhat is the name of your state? California
Can you get monetary damages or punitive damages for harrasment from an employer, who caused a person to have high blood pressure from stress in the work place? That is my question.

It's possible but not probable in a typical case. The problems here are proof of causation and malice.

You will be hard pressed to prove the stress created by your employer's actions was the proximate cause of the hypertension and that the harrassment was inflicted with malice.

I'm not certain but I believe CA allows for a tortious action for intentional infliction of emotional distress without requiring an underlying "actual injury".

If this is true AND if you can prove the harrassment was both deliberate and malicious, you might have a case. Otherwise all you have is a belly full of "pissed off" which is worth very little.
 

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