My domestic partner was in a car accident in his company car and has had numerous physical ailments. He has already had back surgery and may need hip surgery. He has his own WC attorney. My question is am I able to seek compensation for my hardship? We work for the same company. Since he has been out I have had to make numerous changes to my lifestyle. We cannot do a lot of things together anymore. I am bipolar and have had to add a new medication to help with the stress and anxiety. We used to live in company housing but the company decided to move to offsite living which means we had to move. I am being transferred to a new location so I can be close to home, I cant be far away from him. We are having to live in temporary accommodations until my new location is ready, I am 40 miles from work right now. I am having to balance work with assisting him and I am afraid I am going to snap soon. I feel as though the company should be offering me more assistance.
You cannot get compensation from your employer based upon these facts. You may have a loss of consortium claim against the party that negligently caused the traffic accident, either the other party or perhaps your domestic partner's insurance company if he was at-fault. I do not practice that area of law so I will repost this question as “personal injury” (PI) so you can get more knowledgeable answers from attorneys who practice PI.
You don't have a claim in work comp under these facts. I agree with Mr. Epperly that you might have a loss of consortium claim if there is a 3rd party claim against a 3rd party for negligence in causing the car accident, unless your domestic partner caused the car accident.
In addition, if you took care of your domestic partner, missed work, etc, you might be able to file a lien for your services.
You need to meet with the WC attorney who is representing your domestic partner and discuss your possible lien.
Workers' comp is for workers who have on the job injuries. Your partner sounds like e he qualifies. Since you are not an employee of the company, it sounds like you do not qualify for WC benefits.
Depending on the facts of the case, however you both may have personal injury cases against the other driver. Use the "Find a Lawyer" tab at the top of this page to find a top rated P.I. Lawyer in your area.
OUTSIDE THE BOX. I am not a California Workers' Comp attorney. And I do agree with the comments made above about you making a claim on his Workers' Comp case and about the possibility of a personal injury case against a third party.
Having said the above, speak with your partner's Workers' Compensation attorney and ask if there is a possibility of your partner getting any sort of "caregiver", "in home care", "nurse assistant" or similar in home support under his claim., This is very rare but a possibility as a form of rehabilitative care or other medical necessity in very serious injury cases (probably requiring a catastropic designation) in my State. If agreed to by the insurer or ordered by the Board, you would then have to be approved as qualified to give such services.
Licensed to practice in the State of Georgia only. The statements provided herein are for general informational purposes and should not be relied upon as a legal opinion or statement of the law. An attorney licensed to practice law in your locality should be consulted as to the law in your state.
Workers Compensation benefits are for the benefit of the injured worker. A spouse is not able to receive workers compensation benefits for the injury of his or her spouse. If there was a 3rd party involved who was responsible for the accident, you may have a civil case against the third party. Good Luck.
I agree that ypur partner has a workers compensation claim. I don't believe you do. You may have a third party or employment law claim though.
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