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    mcsasa76's Avatar
    mcsasa76 Posts: 1, Reputation: 1
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    #1

    Jun 26, 2008, 10:12 PM
    Wife's civil suit
    Can a wife file a civil suit against her husband's employer? My husband sustained injury due to a work related injury. We have a workman's comp ins. Case pending in the state of Wisconsin.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 26, 2008, 10:28 PM
    Well anyone can sue anyone, but what would she sue for, she was not the one hurt, and workers comp cases can sometimes take years to settle. The husband is the one to sue.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jun 27, 2008, 04:50 AM
    Quote Originally Posted by mcsasa76
    Can a wife file a civil suit against her husband's employer? My husband sustained injury due to a work related injury. We have a workman's comp ins. case pending in the state of Wisconsin.


    What would be the grounds for the lawsuit?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jun 27, 2008, 08:14 AM
    Hello m:

    In my view, the only grounds for a wife's lawsuit against the company, is if the injury caused your husband to no longer function as a man. You can sue for loss of consortium, or some legal phrase like that.

    Go see a lawyer, or your friendly pharmacist.

    excon
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Jun 27, 2008, 12:08 PM
    The husband's worker's comp claim should have some monetary provision in it if he is unable to perform his husbandly duties. She would have no grounds to sue the company on her own and hope to win. Sorry, don't see any case here.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jun 27, 2008, 01:24 PM
    Quote Originally Posted by twinkiedooter
    The husband's worker's comp claim should have some monetary provision in it if he is unable to perform his husbandly duties. She would have no grounds to sue the company on her own and hope to win. Sorry, dont' see any case here.


    If that's the case, right, there's no legal connection between the wife and the company. The claim would flow through the husband's employment.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #7

    Jun 27, 2008, 03:20 PM
    Quote Originally Posted by mcsasa76
    Can a wife file a civil suit against her husband's employer? My husband sustained injury due to a work related injury. We have a workman's comp ins. case pending in the state of Wisconsin.
    Sorry, but there is no cause of action against an employer for the spouse of an injured employee. If he was injured by a machine or vehicular accident, she may have a cause of action against the manufacturer or the driver/owner of the vehicle. You didn't describe how the injury came about.
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