Under what conditions can someone sue for emotional distress?

I was injured on my job and the workman’s comp doctor put me on medication that cause drowsiness and released me back to work only 6 hours a day have documentation. I accidentally stuck myself with a patients needle which required me to see the workman’s comp doctor again. They prescribed anti-viral medication which has to be taken 72 hours to be effective since we did’nt have a current HIV status for the patient. Well the insurance company have not authorized the meds for me and it’s been past the 72 hour mark. I am worried and need to know what I can do?

Asked on September 27, 2015 under Personal Injury, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Typically, compensation for emotional distress is only available when someone is purposefully trying to cause emotional distress the prototypical "stalking," "bullying," "harassment," etc. cases or when someone was in close proximity to a loved one who was violently killed. The natural stress over waiting for a medical or insurance situation to be resolved would not be emotional distress for which one would recover compensation, unless you can show that the insurer is trying to cause you emotional distress--which is very unlikely.


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