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If i am out on workmans comp, can my spouse and children sue for emotional stress from the lack of my income.

Winston-salem, NC |

Fell on icy sidewalk in 2010. Had surgery in aug. 2010 on my hip. Went back to work till nov. 2011 when it started hurting again. Have been out on wc since then. Had another surgery in mar. 2012. Currently been waiting 9 weeks for approval for another surgery. I feel my lawyer is not doing what they should.

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Attorney answers 4


Technically, your family is not a party to the WC exclusive remedy. Practically, you are swimming upstream trying to recover for negligence by using your kids as Straw Men. Not working now is partly your fault for not trying to find an appropriate position. If you are literally unable to work, you should look into SSDI.

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No - your spouse and children can not sue. Look into SSI as stated above.

Please note that we are not forming an attorney - client relationship and the advice is meant to be general. Law Offices of Joel J. Kofsky 1616 Walnut Street Suite 2110 Philadelphia, PA 19103


If the icy sidewalk was the fault of someone other than your employer, you
may have a claim against that person. You would have to show negligence i.e.
the person responsible for maintaining the sidewalk failed to clear it in a
timely manner. Otherwise, your only claim is for worker's compensation.
In regards to approval for the surgery, you can file an expedited medical
motion to get it approved if it was recommended by the authorized treating


There is not much advice that we can give as you are currently represented by another attorney in NC. I would recommend that you make a call to your lawyer's office and set up an appointment have a face to face conversation with him/her about the status of your case. Write down a list of questions and don't go in there angry...ask questions (don't say "here is what I think you are doing wrong"), have a conversation and see what you guys can do as a team to get the best results in the shortest amount of time.

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