QUESTION
Can you still sue a company even if you filed for workman's comp if your spouse dies on the job?
Asked on Oct 01st, 2013 on Personal Injury - Georgia
8 ANSWERS
I am sorry about your loss. I need more information about how your spouse accident happened.
Answered on Oct 04th, 2013 at 6:33 AM
It is possible, but depends on many different factors. I've been examining these tower fall cases and understand your frustration. The training is minimal, safety equipment hardly used and it entails a lot of climbing at heights. You may actually have a gross negligence case.
Answered on Oct 03rd, 2013 at 10:15 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You cannot sue your late husband's former employer. But: if there is some other party who could be held legally liable, you could bring a lawsuit against that company. For example, in NY, if the tower was owned by one company and was being constructed by another, and your late husband worked for the construction company, you could (probably) bring suit against the owner (depending on how it happened).
Answered on Oct 02nd, 2013 at 1:33 PM
Ronald A. Steinberg
Workers compensation covers injuries and deaths that occur on the job or as a direct result of the employment. You get no other suits UNLESS you can prove that there was gross negligence, or an intentional act that caused the injuryies.
Answered on Oct 02nd, 2013 at 1:26 PM
Edwin K. Niles
Certainly, if you can establish negligence.
Answered on Oct 02nd, 2013 at 12:34 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Worker's comp is your only remedy.
Answered on Oct 02nd, 2013 at 10:55 AM
James Eugene Hasser
Possibly, but there are few exceptions to the exclusivity law. That law says that your exclusive remedy against your employer for an on the job injury is for comp benefits. This law does not apply to third parties, like other contractors and their employees, who may have caused or contributed to his death. There are also a few limited exceptions for co-employees. I suggest you contact an experienced personal injury lawyer familiar with both comp and third party cases. Good luck.
Answered on Oct 02nd, 2013 at 10:13 AM
Workers Compensation Attorney serving Atlanta, GA
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The Law Offices of Laura M. Lanzisera
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Yes, you can sue for death benefits under workers compensation. You can also negotiate a settlement.
Answered on Oct 02nd, 2013 at 9:50 AM