Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My first question is i am the fiance of a man that was

Customer Question
My first question is...

My first question is i am the fiance of a man that was injuried bon a job in kansas .we r from louisiana and the company he worked for are out of grayling mi. my fiance had life ins through his job and left it to me and after telling ins what happened they paid me 50,000.00 he was injuried in jan.2017 and went bin hospital in feb.2017 and died april 3,2017

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

The job was in chanute kansas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I dont understand question

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He was at work at a concrete plant and inhailed the concrete dust and it burnt his face and his lungs and no work report was wrote up but forman saw it happen and so did atleast one other worker .he developed a very bad cough and past out on the 4th day so he went to doctor and 2 days later was air flown to joplin missouri icu and kidneys had failed and part of one lung was removed . dr said he was as good as dead when he got there . the hair like things we have in our lungs that filter trash and make us cough his turned to concrete

Submitted: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
12/14/2017
Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 123,248
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

What is your question for us about this issue?

Ask Your Own Legal Question
Customer reply replied 4 months ago
CAN I SUE COMPANY
Customer reply replied 4 months ago
NO
Customer reply replied 4 months ago
HELLO YOU STILL THERE
Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply. I told you initially to please feel free to ignore the phone requests, the experts do not send them and I apologize for any inconvenience.

I am typing a response, please give me a few minutes.

Ask Your Own Legal Question
Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

As you are not married, someone would have to be appointed as administrator of his estate and they can pursue the company for wrongful death ONLY UNDER WORKERS COMPENSATION. When an employee is injured or killed in the performance of their work duties, the law holds the employer strictly liable for that injury or death. If workers compensation has paid out on the wrongful death due to the job related injury, that is the only liability the employer has and the employer cannot be sued for anything further according to the laws.

So, if his employer's workers compensation has not paid out, you need to get his estate open for probate and a wrongful death workers compensation claim must be filed and if they do not pay, then you can sue the workers comp carrier and employer under workers compensation for that death on behalf of the estate and you would need to engage a local attorney to represent the estate in the claims.

The employer needs to pay his legal heirs or his estate under workers compensation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Customer reply replied 4 months ago
I can not file any kind of suit
Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

You could seek "loss of consortium" or companionship for the wrongful death, yes. You still need to see that probate is opened so the wrongful death can be pursued under workers compensation.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Legal Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 123,248
123,248 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

123,248 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
In California, What is required of an employee to be
In California, What is required of an employee to be eligible to qualify for Temporary Total Disability benefits?… read more
Edward Young
Edward Young
Juris Doctor
336 satisfied customers
Having problems with Workers Compensation, they are denying
Having problems with Workers Compensation, they are denying a request for surgery. I tore a rotator cuff at work and I have followed all of the preliminary requirements. MRI shows a tear that needs su… read more
Damien Bosco
Damien Bosco
4,162 satisfied customers
Workers compensation question. Alaska. Ive been on workers
ive been on workers compensation for almost 6 months now.. medically stable. but position here in small town been laid off..im in short term disability … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,864 satisfied customers
Have a former employee that said he was bitten by a dog
Have a former employee that said he was bitten by a dog while on the job. At the time of incident I advised him to seek medical treatment, which he refused . Days later he visited his own physician an… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I have a workers compensation question. Il. Business, an
i have a workers compensation question JA: What state are you in? It matters because laws vary by location. Customer: il JA: Has anything been filed or reported? Customer: this is for a business, an a… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can an employee seeking worker's compensation be fired by
Can an employee seeking worker's compensation be fired by their employer? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I am a federal employee with an employee relations issue,
I am a federal employee with an employee relations issue, and I don't know where to go for help. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I am a household employer needing help with employee
I am a household employer needing help with employee problem … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
We had a full time employee that got hurt on the job in
We had a full time employee that got hurt on the job in November, used all her vac, personal, sick time in and she still is not better. She stated as long as she is still getting money from workers co… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I am employed and currently has a workers compensation claim
I am employed and currently has a workers compensation claim with my current employer, to resolve the claim they want me to resign and i am concerned as to how this will affect my retirement benefits … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I am on workers compensation I was injured 1/15/2015. Some
I am on workers compensation I was injured 1/15/2015. Some one just asked me had I filed a personal injury case. i know nothing about it. How does that work … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
We have an attorney for a workers compensation case that
We have an attorney for a workers compensation case that seem to be dragging his heels. He has worked on the side of the insurance company of which is our opposition. We have had a court date for Febr… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
I have been charged with workers compensation fraud, I did
I have been charged with workers compensation fraud , I did fill out n incident report stating I fell , which I didn't. I went to the hospital [ I am currently paying the bill ] but I went back to wor… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
QUESTIONS FOR AN ATTORNEY FOR WORKERS COMPENSATION INSURANCE
QUESTIONS FOR AN ATTORNEY FOR WORKERS COMPENSATION INSURANCE IN CALIFORNIA FOR MY EMPOYEES.I called State Compensation Insurance Fund in California and they gave me a quote for my renewal. The policy … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,248 satisfied customers
I am appealing my worker's compensation case but I cannot
I am appealing my worker's compensation case but I cannot find a lawyer to represent me. What can I do? … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,459 satisfied customers
I have a question about workers compensation. I am an
I am an independent contractor with medical insurance. I work in schools training teachers. I do not have any employees, would I be required to have workers compensation insurance for myself? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Its about workers' compensation are you able to address this
Its about workers' compensation are you able to address this area of practice? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
123,248 satisfied customers
Can workers compensation make you go to their IN NETWORK
Good afternoon. Can workers compensation make you go to their IN NETWORK physical therapists after you are already being treated by someone who is not in their network that my doctor referred me to be… read more
John
John
Attorney
Doctoral Degree
5,920 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x