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can a husband sue his wife employer for marriage damages after wife gets hurt

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melhope30

Junior Member
im not talking about her being fired. she was hurt and she is not able to work and do what she was able to in our marriage such as sex,clean house,etc.
 

Proserpina

Senior Member
im not talking about her being fired. she was hurt and she is not able to work and do what she was able to in our marriage such as sex,clean house,etc.


That's why I mentioned "loss of consortium".

You might want to mention that to a local personal injury attorney.
 

cbg

I'm a Northern Girl
I very much doubt it in a workers comp situation.

But of course the OP is free to try.
 

cbg

I'm a Northern Girl
It's posted in the workers comp forum and he specifically mentioned his wife's employer, so I don't think it's an unreasonable assumption to make.
 

justalayman

Senior Member
It's posted in the workers comp forum and he specifically mentioned his wife's employer, so I don't think it's an unreasonable assumption to make.
true but without actual info, he may have chosen WC topic simply because it was involving the employer or he went eenie meenie minie mo and picked this topic. Just because it involves the employer does not mean it is definitively WC (although I will concede that it likely is)
 

commentator

Senior Member
Actually, in a worker's comp situation, this isn't too terribly uncommon. The thing is, no matter how grave the injury, the amount that the actual victim can be paid by worker's comp is fixed. So much for so much damage. They can't get any more, no matter what the circumstances or the situation.

So attorneys try to say that the person's spouse suffered a tremendous amount of hardship and trauma because the person was injured, and they try to sue the employer for that supposed trauma to the spouse. "Loss of consortium" is just one of the aspects.

But yes, believe it or not, it's been done, it's not illegal, and in some circumstances, they might actually prevail. It sounds very much as though this OP has talked to an attorney and is now just sounding us out.

In a Worker's Comp claim situation you have to remember that if you have an attorney, if you are approved smoothly you very likely won't get more, you'll just have to pay the attorney part of what you would have gotten anyway. So they're definitely looking hard for another angle to come at it from. Having the spouse sue the company is one of those.
 
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justalayman

Senior Member
Do you have skid marks on your knuckles Ape-man?:confused::mad:
hey, come on. A loss of consortium as well as a loss of her ability to do what she has been doing for the household is a valid claim. Not saying the OP has such a claim but consider the how you would feel if you lost your significant others ability to make whoopee and perform duties that assisted in the maintenance of the house.
 

canhelp

Member
exclusive remedy is not to be interpreted from the workers point of view as just denying tort action by the injured.

the provisions act as a shield for the insured employer from civil action by others as well e.g. co-workers, family members, concurrent employers, other parties with whom the injured had obligations.

most/many workers comp medical benefits include housekeeping, nursing, attendant care, transportation and other ancillary services.

workers comp has no obligation to make the worker whole. it's "no fault" and both the worker and employer are expected to shoulder the effects of the loss due to the injury.
 

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