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Please help Kentucky

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  • Please help Kentucky

    My husband was injuried seriously on the job in Aug 07.His right arm had to amputated at the elbow.The girl that was running the press was not an employee of the company but,instead worked for a temp service.We had been told that maybe that we could like file a lawsuit against the temp agency that she worked for.Our lawyer says we can not sue the company my husband work for unless we could prove that they intentionally cause harm to my husband which i don't think they did but that it had to be a third party involved that we could sue WC but we was wondering if it was true that we could sue the temp service. We live in the state of KY

  • #2
    So, does your lawyer say you can sue the temp service?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      No you can not sue the temp service. WC is an exclusive remedy and your only potential claim would be against the actual person or party that injured you. Even then if it was another employee during the scope of employment, you could not sue. The fact that she was also an employee of the temp agency would not change this.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        I am not sure that is quite true. My husband was injured in May of 98. He worked for company X that operated roll-off trucks (construction site dumpsters) He was at the recylce plant dumping his truck when another operator for company Z pulled beside him and starting dumping his truck. Company Z's container came off his truck and struck my husband who is now disabled. We sued both Company Z and the recylce plant and won both cases. Because it was a third party that we sued, worker's comp was entitled to repayment of what they paid out on the claim first and then we got the rest. It was 3 years before this went to trial and another 2 years after the trial before he got approved for social security. We got a lump sum from W/C after the trial. It was not an easy process and fortunately I was able to support the family (barely) without having to settle just because we needed the money to live. But we did sue a 3rd party and we did win. At no time did we consider suing W/C. I think you may have misunderstood the atty in regards to suing w/c and I would clarify with him.

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        • #5
          You can sue a 3rd party, however, in this case, there is no viable 3rd party. Coworkers are not a 3rd party unless they committ an intentional act.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

          Comment

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