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    reds1958's Avatar
    reds1958 Posts: 1, Reputation: 1
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    #1

    Mar 26, 2012, 09:54 AM
    Can I sue my husbands ex employer for emotional stress. We have lost everything
    My husband was hurt at work. He has had to have 2 surg. On his back. When the doctor released him to go back to work his employer told him they had no work for him, he was there 18 years. Now he has to have surg again. We have lost our home an our credit. We have a lawyer for the WC. Case but were told he could not sue them because of the WC. But can I. I did not work for them but this has hurt me also.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 26, 2012, 10:00 AM
    No you may not sue them for this, Husband can sue for the max allowed under workers comp
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #3

    Mar 26, 2012, 10:05 AM
    You can sue them, but I don't think that you will be successful. Did negligence cause the injury? Was it intentional? I read this information on emotional distress:
    It is the duty of the lawyer of the victim who is seeking emotional distress damages to prove his client’s feelings occurred by reason of the negligence or fault of the defendant.

    Also, take note that under tort law, there may also be a claim for intentional infliction of emotional distress. It is a claim separate and distinct from economic damages where four elements must be proven:

    * That the defendant acted intentionally or recklessly
    * That the defendant’s conduct was extreme or outrageous
    * That the extreme or outrageous conduct caused
    * Severe emotional distress
    I don't think that you have a case here, but one of the legal experts on the site will be able to advise you more completely.
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