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workers comp settlement

  • Thread starter sandra mitchell
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sandra mitchell

Guest
What is the name of your state? al

3 yrs ago my husband was injured on the job. he had to sue the company to receive any comp. they had denied his claim
he settled out of court for a small sum sinse he had been approved for disability. this disability was approved because there was clear evidence it was caused by the company and their failure to grant him medical treatment under workers comp law
our insurance provider refused to cover his injury since it was a workers comp problem. is there any way my daughter and i can sue this company ? due to his mental and physical problems we have to care for him daily. we no longer have a physical or emotional relationship this injury ruined our family life . my daughter does not have a dad and i do not have a husband
 


Beth3

Senior Member
It is extremely unlikely that you and/or your daughter can sue the company. In fact, it's unlikely your husband "sued" the company - what undoubtedly happened is that he filed for an appeal of the WC carrier's decision with your State's WC Division and the State overturned the denial of benefits OR the WC carrier decided to offer a settlement to avoid the hearing process.

Typically, the provisions of each State's WC regulations are an injured employee's sole remedy. There are no provisions for pain and suffering and none for "loss of marital consortium" and other things that one might be able to sue for in a civil action.

If you want a more specific answer than this, you'll have to consult with a worker's comp attorney practicing in your State.
 

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