Legal Question in Personal Injury in Texas
My husband was hurt (burnt) at work in the state of Texas. We have two underage children.
Can I file a separate claim? If so on what grounds?
Thanks
1 Answer from Attorneys
You have not provided enough facts to answer this question. Texas is an optional workers compensation state. This means that they may provide it but are not required to do so. If they do, it is your exclusive remedy against an employer so you would need to consult a workers compensation attorney. If there is another party that caused the injury other than the employer, or the employer does not provide workers compensation, then you can file a personal injury claim against the responsible parties and should consult a personal injury attorney.
As a general rule in personal injury cases, a spouse can file a claim for damages done to the martial relationship such as loss of consortium, loss of companionship or loss of society.