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.
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.
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.
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.
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
"Love all, trust a few, do wrong to none."
- William Shakespeare
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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
Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.
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 consultation with me, please contact me through AVVO.