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Can a recipient of workers comp lawsuit receive wage compensation for her spouse who will be the caregiver?

Workers Compensation Law Discussion

Can a recipient of workers comp lawsuit receive wage compensation for her spouse who will be the caregiver?

Postby lalla3 » Sat Mar 03, 2012 9:16 am

Both of my parents work at pork processing plant where my mom is receiving workers comp for a work related injury on her shoulder. She had to have surgery on that shoulder and is going to receive her full pay for four months of recovery. Would my parents lawyer be able to get compensation for my fathers wages since he has to take time off as well and take care of his wife?
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Can a recipient of workers comp lawsuit receive wage compensation for her spouse who will be the caregiver?

Postby christos » Sat Mar 03, 2012 9:24 am

It depends where you live; state laws (i.e. court decisions) vary.

In Vermont, Close v. Superior Excavating Co. (693 A.2d 729) and in Arizona Sabino Carbajal v.Industrial Commission of Arizona say yes.

In Virginia, Warren Trucking v. Chandler, 277 S.E.2d 488 says no.
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