Legal Question in Workers Comp in New York

Loss of services-Do I have a case?

My wife injured her back slightly over 3 years ago on job related injury. She has been out of work ever since. She is receiving workers comp. benefits currently.

She became disabled just prior to our wedding. We have had to put off starting a family due to her injury. And this has also caused a great deal of stress on our marriage.

My question is: Am I able to file a claim and sue for ''loss of services''? If so, how do I do it? And what should I expect durring the process?

Any info. provided will be greatly appreciated.


Asked on 7/26/01, 10:32 am

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Loss of services-Do I have a case?

Hello--

Unfortunately, despite your difficulties, you cannot sue. Your action is derivative of that of your wife...and since she cannot sue because of the bar against suing your employer, you also may not.

In the event there are any future job-related injuries to you, your loved ones, or friends, always immediately seek legal advice. There may be a potential defendant that is NOT the employer.

Good Luck

RRG

[email protected]

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Answered on 7/26/01, 2:14 pm


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