Can the family of an injured worker sue the employer?

I know any third party money goes to pay back WC should the injured worker sue. Can the family file a suit againt the employer?

[AFFA]

I wish to inform you that you may not file a suit for injured worker. In this regard the person who has suffered injury is the worker and not his family member. However family member may assist the injured worker in litigation.

AFF

[Miley Tipton]

Hi,
In this case, If that worker is badly injured (like in case he is hospitalized, or unconscious) only in that case his family can file a charge against the employer.

[princessB]

In this regard the person who has suffered injury is the worker and not his family member. However family member may assist the injured worker in litigation.

As far as I know, there are a lot of aspects to consider in this case. The worker can file a case if the accident happened in the work place without necessary precautions posted by the company. There are rules and regulations there and it might take a long process.

[Miley Tipton]

Hello,

It depends on the situation. If worker found drunk while working and if he got injury then he don't deserve any compensation but if he injured because of machines. Then only worker can claim against employer. However companies provide medical insurance and other necessary facilities if worker gets injury. But any family member can not claim from workers side until he gives any written permission for that(If he is not able to file case).

[ethan11]

The Workers Compensation Act prevents workers or their survivors from suing the employer or other workers for a workplace injury, illness, or death. Under the Act (which came into effect in 1917), workers and their survivors acquired the right to receive timely compensation for work-related injuries or death, regardless of fault, and in exchange gave up their right to sue other workers and the employers who fund the "no fault" system


NYC Personal Injury Attorneys

CALL A LAWYER!!!! I know www.RepresentYou.com gives a free 30min 24/7

[santiagodmerric]

I'm not pretty sure but I guess a family member cannot filed a suit for injured worker but I guess it all really depends on the situation.

[lunchbox]

As long as the employee is still capable of filing the case himself, no family members can do so in behalf of him. Your lawyer knows more about this process.

[lincolnscofield]

In any company or factory employer is responsible for employee safety and security initially employee should ask for compensation because accident happens at work sites and if employer denied request then he can sue them.