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Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16370
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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My son had 3 or 4 different bosses in a 12 month period. can

Customer Question

My son had 3 or 4 different bosses in a 12 month period. can I sue his company for the stress that ultimately ended his life. It was Cardiogenic Shock at age 50. He was doing at least 2 jobs on a consistent basis. sometimes he had no boss for a period of time. he was a property manager of 3 buildings in northern Virginia.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Legalease replied 2 years ago.
Hello there.
First, let me tell you that I am sorry for your loss. Unfortunately, work related stress claims are very difficult to prove and prosecute if you can find an attorney that would handle such a case in the first place on a contingency fee basis (contingency fees are when the attorney does not take a fee until he or she wins the case). In order to pursue such a case, your son would have to have many incidences of stress related lost work days and documentation from his doctors while he was alive that these things happening at work are or were the underlying causes of your son's health problems. The fact of the matter on that is it is almost impossible to get even one doctor to state in a medical record that work related stress is causing the patients' problems because most medical doctors simply do not want to get involved in lawsuits and be forced to testify to such a diagnosis -- and so they avoid it. Obviously, you can check into your sons medical records and read them to see if there are any notes from the doctor with a firm diagnosis of work related stress written into his medical records and if you can find something like that in his records or you can talk to his doctor to see if the doctor would support such a diagnosis, then perhaps you can get a personal injury attorney interested in reviewing the case to determine if there is a civil wrongful death claim against the employer. At the same time, you might want to speak with a lawyer who handles medical malpractice claims -- if there is no solid indication of a heart condition in his medical records and nothing regarding the work related stress, then you may actually have a medical malpractice claim against the doctors who treated him in the year or two leading up to his death.
Please let me know if you have follow up questions. If not, can you please press a positive rating below so I will receive credit for answering your question tonight. THANK YOU VERY MUCH