QUESTION
Can wife sue the company for what husband's injury has done to their marriage?
Asked on Aug 18th, 2013 on Personal Injury - Nevada
More details to this question:
My husband was injured at work due to a faulty machine which resulted to broken neck, stitches in the head, headaches, short term memory loss and short temper. We've had no intimacy since accident.
12 ANSWERS
Yes, the wife can sue for loss of consortium lack of physical and emotional support, fellowship, sex.- if it were a non-work related injury, but the only remedy for a work place injury is Workers' Compensation and only the injured worker can bring a claim. WC is a trade off.the employer has to pay benefits even if they are not negligent, which normally is the situation, and the employee only can get WC benefits.
Answered on Aug 26th, 2013 at 11:21 AM
Your husband needs to file a stress claim and a sexual dysfunction claim.
Answered on Aug 23rd, 2013 at 9:07 AM
Ronald A. Steinberg
The short answer is No. Husband was injured on the job and can file a workers compensation case. It pays for lost wages and medical expenses, only. If the machine was faulty due to its construction (rather than damaged by misuse), then the husband and wife could sue the manufacturer of the machine. But if the machine was changed by the employer or was damaged through misuse by workers, then workers compensation is the only remedy.
Answered on Aug 20th, 2013 at 8:14 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are talking about a consortium claim. I don't think that claim is available in worker comp case.
Answered on Aug 20th, 2013 at 1:26 PM
James Eugene Hasser
There is no independent cause of action by a wife against employer for a Worker's Compensation injury.
Answered on Aug 20th, 2013 at 11:22 AM
Thomas Edward Gates
The husband is the one that must sue, but is limited to do so by Workman's Comp. You need to talk to a personal injury attorney.
Answered on Aug 20th, 2013 at 11:10 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Talk with his worker's comp attorney. I have not heard that loss of consortium is covered by worker's comp, but given that worker's comp is the exclusive remedy for work-related injuries, I doubt it, but I could be wrong.
Answered on Aug 20th, 2013 at 10:41 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He has a worker's comp claim and you a potential ancillary claim.
Answered on Aug 20th, 2013 at 10:40 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, the only remedy as against the company is the husband's worker's compensation claim which covers time out of work and medical expenses. However, if it can be proved that the machine was defective due to the fault of someone other than the employer, then both the husband and wife can bring suit. They would have to prove that the machine was defectively designed or that it was improperly maintained or repaired by someone other than the employer.
Answered on Aug 20th, 2013 at 10:37 AM
Long Term Disability Attorney serving Pensacola, FL
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Ortiz Law Firm
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What caused the machine to be faulty or malfunction?
Answered on Aug 20th, 2013 at 10:30 AM
Worker's Compensation Attorney serving Encino, CA
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Law Offie of Sabzevar, F. Michael
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The husband has a worker compensation claim against his company and may also have a personal injury case against the manufacturer of the faulty machine. The wife can file for loss of consortium in the personal injury case, but has no claim in the workers compensation claim.
Answered on Aug 20th, 2013 at 10:27 AM
Yes, you have a claim for loss of consortium. You can definitely sue the maker of the faulty machine, and probably your husband's employer, too. You need to check the workers compensation laws in your state re lawsuits brought by spouses.
Answered on Aug 20th, 2013 at 10:22 AM