QUESTION
Can I get a settlement through worker's compensation due to my husband’s accident?
Asked on Jan 05th, 2014 on Personal Injury - Florida
More details to this question:
He got burnt severely on his arms. Right one is scared greatly. Left one has several places of scars. He has trouble straightening right arm out after he bends it.
15 ANSWERS
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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In Tennessee, only the injured employee is entitled to any benefits provided under the workers' compensation act, unless the injured employee dies. There is no loss of consortium.
Answered on Mar 19th, 2017 at 5:52 AM
If you mean can you personally get any money as opposed to your husband, the answer is no. All moneys go to him as his separate and not community property.
Answered on Jan 15th, 2014 at 10:32 PM
Criminal Law Attorney serving Columbia, SC
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O'Leary Associates, P.A.
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You personally cannot get a workers compensation settlement for an injury sustained by your husband.
Answered on Jan 10th, 2014 at 10:08 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You may have an interest in possible settlements, doubtful as to workers comp but possible if there was negligence. See an attorney.
Answered on Jan 08th, 2014 at 10:43 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Unfortunately, worker's compensation does not recognize a spouse's derrivative cause of action; only the injured worker can recover.
Answered on Jan 08th, 2014 at 10:42 PM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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If you are asking whether you can make a separate spousal claim for damages under workers' compensation, the answer in Kansas and Missouri is no. Both states will consider the impairment or disability to the arms as a result of the burns and scarring. ?In Missouri, some compensation may be awarded for disfigurement due to scarring on the arms or face only.
Answered on Jan 08th, 2014 at 10:42 PM
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Jan 08th, 2014 at 10:41 PM
Ronald A. Steinberg
No. He was the injured employee, and so he is the only one who can sue, in this case. If he was killed, you could claim as his surviving spouse.
Answered on Jan 08th, 2014 at 10:41 PM
Edwin K. Niles
Your husband should see a W.C. lawyer, assuming the burns occurred at work.
Answered on Jan 08th, 2014 at 10:41 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can't get anything for someone else's injury. Get a good worker compensation attorney.
Answered on Jan 08th, 2014 at 10:40 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can get a settlement. I don't think you are entitled to one. He might want to consult with a local worker's comp attorney to see what his rights are.
Answered on Jan 08th, 2014 at 11:31 AM
James Eugene Hasser
You can't, but he might be able to if he has a set of permanent physical restrictions that affects his earnings ability and/or if he has impairment ratings. Good luck.
Answered on Jan 08th, 2014 at 11:31 AM
Workers compensation benefits are only payable to the injured person. There is no recovery available for a spouse.
Answered on Jan 08th, 2014 at 11:30 AM
Answer: Technically no, but from a practical standpoint, yes. Your husband is the only person who can file a claim unless he dies from the accident and then any dependent can be a named party.
Answered on Jan 08th, 2014 at 11:30 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Your husband can get compensation through worker's compensation, but you need to hire a good attorney to negotiate a reasonable settlement for him.
Answered on Jan 08th, 2014 at 11:29 AM