My husband was injured on his job. He is unable to return to work because of the injury. He is receiving workman's compensation.

Asked 8 months ago - Savannah, GA

Our family income has dramatically decreased since he was injured, Our family dynamics have changed because we can no longer afford the things that we could prior to his injury. Our marriage has suffered tremendously because he is unable to perform any of his expected duties. He has basically become a liability, we are close to separation and all of these things are a direct result of his injury, it has put a tremendous strain on our marriage. Am I able to sue the company my husband works for on my behalf? If he wasn't injured, we wouldn't have these issues. This is very emotionally taxing and financially straining

Attorney answers (7)

  1. Thomas L. Holder

    Contributor Level 10

    9

    Lawyers agree

    Answered . I am sorry that your family is having so much trouble because of your husband's injury. On top of having to deal with your injured husband, the financial strain of the reduced income provided by workers' compensation creates hardships for many families.

    Unfortunately, loss of consortium claims are not allowed in workers' compensation. Those are the claims that spouses have in personal injury cases. The law, in personal injury cases, recognizes that the spouses of injured people are also affected by the injury and claims are allowed. This is not the case in workers' compensation cases.

    I am sorry that I am not giving you the answer that you would like to hear. I hope that your family can stick together through this obviously difficult time. Please feel free to have your husband call me if he would like to discuss his case.

    Tom Holder
    404-523-6100

  2. Laura Maria Lanzisera

    Pro

    Contributor Level 8

    6

    Lawyers agree

    Answered . Unfortunately no you do not have a claim against the emoyer or WC carrier. How did the accident occur? If there is a third party involved there may be an additional claim.

    404-262-0500

  3. Jaret Adam Spevak

    Contributor Level 9

    4

    Lawyers agree

    Answered . The short answer to your question is "no." However, since you are asking the question here, I am wondering if your husband has an attorney on his workers' compensation claim. If he does, this is a question that you could ask his attorney. If he doesn't have a lawyer, I would be more than happy to provide you and your husband a free consultation regarding his case. Perhaps there are additional benefits that he is entitled to that I can obtain for him. Please feel free to contact me at (404) 355-2688 to discuss his case.

  4. Darrell Brinnett Reynolds Sr.

    Contributor Level 16

    4

    Lawyers agree

    Answered . It may depend on how your husband got hurt. You can not sue the employer under workers compensation, however, if the injury was caused by someone other than the employer, there could be a claim for both you and your husband.




    Darrell B. Reynolds, Sr.
    Attorney and Counselor at Law
    drey1954@cs.com
    404-636-6616

    "Love all, trust a few, do wrong to none."
    - William Shakespeare

    NOTICE – 1) This email does not create an attorney/client relationship. In order to create an attorney/client relationship with this office it is necessary to enter into a written contract agreed to by both parties. 2) This email is intended only for the person(s) listed in the To: and CC: lines. It is not intended for anyone else and any reliance upon this email by other parties is at their own peril. 3) This e-mail, and all attachments transmitted with it, may contain confidential, proprietary, or legally privileged information that is intended solely for the individual(s) or entity(ies) to which it is addressed. If you are not an intended recipient, then you are not authorized to read, distribute, copy, or otherwise use any or all portions of this e-mail or any attachment. If you have received this e-mail in error, please notify the sender immediately by e-mail or by telephone at 1-404-636-6616, and delete all copies of this e-mail. Thank you.

  5. Robert G. Rothstein

    Contributor Level 14

    3

    Lawyers agree

    Answered . I agree with atty. Holder's response in that WC does not permit lost consortium claims by an injjured employee's spouse. Your husband's claim sounds serious and he should be represented by counsel. If he is not represented, you are welcome to call my office fior a free consultation about his case. I wish you well during these difficult times.

    Robert G. Rothstein
    Attorney at Law
    404-216-1422

    Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and... more
  6. John M Connell

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Your claim is related to his claim. If there was not a third party that caused the accident (not the employer) then he has no right to pursue a negligence action against the employer. If the injury occurred due to the negligence of someone other the employer then see a personal injury attorney for advice on how to proceed.

  7. Bobby L. Bollinger Jr.

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . I am sorry you are having problems. The workers' comp check should be about the same as the net, after tax income he made while working. Are you sure the workers' comp check amount has been calculated correctly? It may be smart for you and your husband to get a free consultation from a workers' comp lawyer at this point to make sure that he is not being underpaid. Good luck.

    This answer is intended as general information and not as specific legal advice. If you want to have a free... more

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