Can I get a settlement through worker's compensation due to my husband’s accident? 19 Answers as of January 15, 2014

He got burnt severely on his arms. Right one is scared greatly. Left one has several places of scars. He has trouble straightening right arm out after he bends it.

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Strickland Law, PLLC
Strickland Law, PLLC | Jeffrey S. Strickland
In Tennessee, only the injured employee is entitled to any benefits provided under the workers' compensation act, unless the injured employee dies. There is no loss of consortium.
Answer Applies to: Tennessee
Replied: 1/20/2014
Law Offices of George H. Shers | George H. Shers
If you mean can you personally get any money as opposed to your husband, the answer is no. All moneys go to him as his separate and not community property.
Answer Applies to: California
Replied: 1/15/2014
O'Leary Associates, P.A.
O'Leary Associates, P.A. | John A. O'Leary
You personally cannot get a workers compensation settlement for an injury sustained by your husband.
Answer Applies to: South Carolina
Replied: 1/10/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Your husband should see a W.C. lawyer, assuming the burns occurred at work.
Answer Applies to: California
Replied: 1/8/2014
Ankerholz and Smith
Ankerholz and Smith | Rian F. Ankerholz
If you are asking whether you can make a separate spousal claim for damages under workers' compensation, the answer in Kansas and Missouri is no. Both states will consider the impairment or disability to the arms as a result of the burns and scarring. ?In Missouri, some compensation may be awarded for disfigurement due to scarring on the arms or face only.
Answer Applies to: Kansas
Replied: 1/8/2014
    Kirby G. Moss PC | Kirby G. Moss
    His claim should cover medical bills, temporary total disability, along with permanent partial impairment based on severity of injuries. I'm not aware of an award for spouses.
    Answer Applies to: Indiana
    Replied: 1/8/2014
    LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
    You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
    Answer Applies to: California
    Replied: 1/8/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You may have an interest in possible settlements, doubtful as to workers comp but possible if there was negligence. See an attorney.
    Answer Applies to: Michigan
    Replied: 1/8/2014
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    No. He was the injured employee, and so he is the only one who can sue, in this case. If he was killed, you could claim as his surviving spouse.
    Answer Applies to: Michigan
    Replied: 1/8/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Unfortunately, worker's compensation does not recognize a spouse's derrivative cause of action; only the injured worker can recover.
    Answer Applies to: New York
    Replied: 1/8/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can't get anything for someone else's injury. Get a good worker compensation attorney.
    Answer Applies to: North Carolina
    Replied: 1/8/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You can't, but he might be able to if he has a set of permanent physical restrictions that affects his earnings ability and/or if he has impairment ratings. Good luck.
    Answer Applies to: Alabama
    Replied: 1/8/2014
    Gilde Law Firm, PLLC | Bradford J. Gilde
    Typically no. There may be other legal remedies depending on the facts of the case. I would urge you to contact a personal injury attorney to discuss. Best of luck.
    Answer Applies to: Texas
    Replied: 1/8/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    He can get a settlement. I don't think you are entitled to one. He might want to consult with a local worker's comp attorney to see what his rights are.
    Answer Applies to: Idaho
    Replied: 1/8/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Your husband is certainly entitled to be compensated for his injuries. Only with an experienced Workers' Compensation attorney can your husband get fair value for his injuries. If he cannot return to his work and must perform work that pays less money, he may be entitled to a wage differential. Find an experienced Workers' Compensation attorney here on AVVO through the "Find a Lawyer" tab above. Attorneys on AVVO want to help you but they are NOT permitted to solicit your business. YOU must contact them. Please don't wait.
    Answer Applies to: Illinois
    Replied: 1/8/2014
    Pennington & Martinez
    Pennington & Martinez | Dennis A Pennington
    Workers compensation benefits are only payable to the injured person. There is no recovery available for a spouse.
    Answer Applies to: Louisiana
    Replied: 1/8/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Answer: Technically no, but from a practical standpoint, yes. Your husband is the only person who can file a claim unless he dies from the accident and then any dependent can be a named party.
    Answer Applies to: Iowa
    Replied: 1/8/2014
    Penglase & Benson, Inc.
    Penglase & Benson, Inc. | John Benson
    If the burn occurred at work then he can get Worker's Comp. If the injury was caused by an outside source there is a possibility of bringing a personal injury action on top of any workman's comp claim but the facts must be carefully reviewed.
    Answer Applies to: Pennsylvania
    Replied: 1/8/2014
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Your husband can get compensation through worker's compensation, but you need to hire a good attorney to negotiate a reasonable settlement for him.
    Answer Applies to: Florida
    Replied: 1/8/2014
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