QUESTION
Can my children file a law suit against my employer?
Asked on Nov 07th, 2011 on Personal Injury - Colorado
More details to this question:
I am on worker's comp, can my children file a law suit against my employer?
10 ANSWERS
Steven D. Dunnings
No.
Answered on Jun 02nd, 2013 at 9:59 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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In a comp case you are covered because you are an employee. Your children are not employees. Under comp law you are entitled to medical care and part of lost wages. That is it basically.
Answered on Nov 10th, 2011 at 10:28 AM
Any injuries along with any related claims and damages may only be recovered from the workers compensation carrier. If the injury you sustained was on duty, your children may not file a lawsuit against the employer because any claim by them arises out of the injury that was on duty. They may not file a separate claim for personal injury.
Answered on Nov 09th, 2011 at 8:04 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Not unless they were injured. For example, by you bringing harmful chemicals home on your person from the workplace. But generally, no, they can't.
Answered on Nov 08th, 2011 at 11:53 PM
New User
I am uncertain as to why your children would have a claim, but no. The remedies you have are Workers Comp, unless a third party was at fault.
Answered on Nov 08th, 2011 at 11:46 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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They can but there must be a reason.
Answered on Nov 08th, 2011 at 10:34 PM
4 Awards
No. Unlike other personal injury matters, worker's compensation provides compensation only for those persons who are injured on the job.
Answered on Nov 08th, 2011 at 4:36 PM
Not enough facts are given to respond to your question. However, if your children's alleged claim is related to or dewrived from your personal work-related claim, only you should proceed under your State's worker's compensation laws to seek legal address.
Answered on Nov 08th, 2011 at 2:02 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability.
Answered on Nov 08th, 2011 at 1:48 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No. Your exclusive remedy is workers compensation, and your kids don't have an independent cause of action.
Answered on Nov 08th, 2011 at 1:47 PM