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Can I sue my employer for causing previously controlled migraines & anxiety, new back pain, and terminating benefits w/o notice?

Charlotte, NC |

My workplace has caused me to suffer from stress, anxiety, migraines, and back pain. I used to suffer from anxiety and migraines but had not for a year before beginning to work here. The back pain is completely new. Management made it extremely difficult to cut my hours so I took a leave. Company canceled my benefits w/o notice, I don't know if this was legal because of the time frame of events. Leave was approved 6/3 for the period of 5/27-6/9 and insurance retroactively terminated 5/31. Management and HR have given me the runaround with wanting to work less, aggravating the conditions. HR does not call me back and gives conflicting and confusing information. What options, if any, do I have to sue?

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Attorney answers 4


Contact a workers' compensation attorney.



know any good ones?

David Ian Schoen

David Ian Schoen


You can check the links to "Find a Lawyer" on this site, or contact your local bar association.


Workers comp, so retain a local workers comp lawyer.


While your issue appears to involve some injuries, it seems unlikely that your employer will be liable for causing said injuries absent a compelling medical record. Your case seems to be better suited for an attorney experienced in employment benefits.


There are two parts to your question. First, workers' compensation deals with the physical problems. Generally speaking, workers' compensation in NC does not cover mental problems unless you these mental problems are the result of work related injury. That is, workers' compensation can cover depression and anxiety if you suffer from a significant work place injury and the depression is a caused by the pain, finical stress, etc. you have as a result of the injury. It sounds like you have what is referred to as a "mental-mental" claim and recovery is very difficult. Second, the cancellation of benefits would be an employment law question. The question does not provide enough detail to determine if the company violated labor laws. You need to contact an employment lawyer to have those questions answered.

I am licensed to practice law only in North Carolina. My answer provides only general information. Do not rely on this answer as specific legal advice for your particular situation. This answer does not form an attorney-client relationship. You should consult with an attorney to fully discuss your situation and to obtain advise about your legal rights and obligations.

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