Can my wife sue the company I work for after I suffered an injury? 25 Answers as of June 26, 2013

Can my wife sue the company I'm employed by after I have suffered a serious injury due to simple negligence or can she if I am no longer employed by this company?

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Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
If your employer has workers comp insurance in force, then neither you nor your wife can sue for general damages.
Answer Applies to: Montana
Replied: 8/18/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
The only remedy against your employer is a workers compensation claim that only you can file.
Answer Applies to: Michigan
Replied: 8/18/2011
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
You should consult with a worker's compensation attorney regarding your employment rights before and after termination.
Answer Applies to: Indiana
Replied: 8/18/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
It is a worker's comp claim for you.
Answer Applies to: Connecticut
Replied: 6/26/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Facts not clear. Were you hurt on the job.? If so you can make a worker comp claim against your employer. Your wife cannot. If you were hurt by some third party other than the employer you can make a claim and your wife can make a claim for loss of consortium. If your injury is serious you need a lawyer to help you. You cant navigate this very well with no legal knowledge.
Answer Applies to: North Carolina
Replied: 8/18/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    No. Regardless of negligence, your only remedy against an employer is Worker's Compensation. The spouse of an injured party can have a "derivative" cause of action in a liability case, in that her cause of action derives from your injury. Since you were employed by that employer at the time of the injury and she cannot derive rights greater than yours, she cannot bring an action.
    Answer Applies to: New York
    Replied: 8/18/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    The facts are really incomplete here to give a full opinion. In general, just because you work for a company does not preclude her from suing the company. But my question is what is she suing for? If you were injured on the job, workers compensation is the exclusive remedy for such claims. You need to ask a worker’s compensation attorney if a spouse has a loss of consortium claim in that arena. If this was outside work duties where you can sue for the negligence without going through workers comp, then your wife can sue for loss of consortium as well. I do not believe changing your employment status now will make any difference because the court would look to the time of the incident to determine who can sue and in what forum.
    Answer Applies to: California
    Replied: 8/18/2011
    David Hoines Law
    David Hoines Law | David Hoines
    You are limited to workers compensation benefits in most cases.
    Answer Applies to: Florida
    Replied: 8/17/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Probably not. Your wife was not injured. You have a claim, but it is probably a workmen's compensation claim in Virginia.
    Answer Applies to: Virginia
    Replied: 8/17/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    If you were hurt in the course of your job duties, this is a worker’s compensation claim and your employer must provide you with treatment and lost wages. You can file a claim even if you no longer work there, and even if you were fired for doing something wrong. That is because work comp is a "no fault" system. However, you only have a certain amount of time to file the work comp claim. If it was unrelated to your job duties, you may have a premises liability case or some other type of negligence case. You have longer to file those, but evidence disappears quickly, so move fast!
    Answer Applies to: Missouri
    Replied: 8/18/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    If you are hurt on the job, normally your exclusive remedy is in workers compensation. Even if your employment is terminated, you can file a workers compensation claim. Workers compensation does not include loss of consortium for your wife, which is recoverable in other personal injury cases.
    Answer Applies to: South Carolina
    Replied: 8/18/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Why would you wife sue your company? Maybe I'm missing something here.
    Answer Applies to: Michigan
    Replied: 6/26/2013
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Generally no. An employee's exclusive remedy is Workers Compensation unless you can implicate someone other than your employer or a co-employee of the same employer. If so, then you can sue them as what is called a responsible "third party".
    Answer Applies to: New York
    Replied: 8/17/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Generally, on the job injuries are covered by workers' compensation, which is different from bringing a lawsuit. The claim originates at the time of the injury, and it shouldn't matter whether you leave your employment. I recommend you talk to a workers' compensation lawyer in your area.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Not in Florida.
    Answer Applies to: Florida
    Replied: 8/17/2011
    Langer & Langer
    Langer & Langer | Jon Schmoll
    If your injury is caused by an accident within the course and scope of your employment, you have a workers compensation claim. Your wife does not have a right to an independent claim.
    Answer Applies to: Indiana
    Replied: 8/17/2011
    The Law Firm of Shawn M. Murray
    The Law Firm of Shawn M. Murray | Shawn M. Murray
    In all likelihood, she cannot. However, the definite answer will turn on the specific facts involved. I strongly encourage you to consult with an attorney so that both you and your wife can be fully advised of your legal rights and obligations
    Answer Applies to: Louisiana
    Replied: 8/17/2011
    Beaver Holt Sternlicht and Courie, P.A.
    Beaver Holt Sternlicht and Courie, P.A. | Mark A. Sternlicht
    If your injury occurred in the course and scope of your employment, your rights are governed by the Workers' Compensation Act, and your wife does not have a separate claim that she can bring due to your injury.
    Answer Applies to: North Carolina
    Replied: 8/17/2011
    Oliver Law Office
    Oliver Law Office | Jami Oliver
    In general, the worker's compensation system takes care of injury claims arising in the workplace as a result of alleged employer negligence. "Intentional Torts" are a different matter and are not exempt by the Worker's Compensation statute. Accordingly, nobody can sue your employer on your behalf for injuries unless it is not covered by worker's compensation or if it fits the definition of an "intentional" tort.
    Answer Applies to: Ohio
    Replied: 8/17/2011
    Richard E. Lewis, P.S.
    Richard E. Lewis, P.S. | Richard Eugene Lewis
    Neither of you can sue your employer for injury unless it was intentional. You can make a worker's compensation claim instead.
    Answer Applies to: Washington
    Replied: 8/17/2011
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