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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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What rights do wives have as compensation case under her

Customer Question

What rights do wives have as for as compensation for longshoreman case under her husband? I took care of my husband for the first three years after his injury and now his case is going to trial and we are no longer together but not yet divorced. Do I have rights being his wife when he is compensated? Should my daughter and I both be compensated?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the LHWA, there is no benefit for the spouse or children provided for. However, a claim for loss of relationship would have had to have been filed when the suit was filed in the court initially and the courts have held that if the claim was based on negligence of the liable party, not strictly in workers compensation claim, the spouse and child could recover for loss of association. See: Callahan v. Gulf Logistics, LLC, 2013 U.S. Dist. LEXIS 133050 (W.D. La. Sept. 16, 2013).
To have any claim, his attorney would have to amend the suit to ask for it though and that is solely up to his attorney to amend.

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