Legal Question in Workers Comp in California
My wife suffered an on the job injury and it has changed our marriage. I was told that I could sue the company for damage to my marriage. Is that true?
3 Answers from Attorneys
No. The trade off for getting WC benefits is that the injured employee and their relations can not sue the employer.
No, you cannot sue the company for your loss of relations with your wife. However, your wife should amend her claim to include psyche and sexual dysfunction. Please feel free to call me for a free consolation at 1.877.505.INJURY, and/or, go to my website at www.lupofflaw.com.
As you can read from the prior answers, the general answer is no. However, if there is a third party involved in your case, someone besides your wife's employer who was involed or caused your wife's injury, you may have a third party suite, which means you can sue someone besides your employer. Loss of consortium is a fairly standard tort claim in civil proceedings.
Unfortunately, you will have a difficult time getting a comp doctor to comment on any AMA impairments related to your lost relations with your wife unless there are auctual physical problems steming from the injury that prevent you from having sex with your wife, back pain for example, or there is a psyche claim.
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