my husband was injured at work 16 years ago. he receives compensation. he has not had the abilities to perform sexually for 10 years because of his injury. is there something we can do to be compensated for this.
Answer
If the loss of sexual function can be shown to have been the direct result of the workplace injury, then the workers compensation carrier may pay for the medical expenses to help him. There are surgeries that can restore sexual function, so he should discuss this with his doctor. The comp insurer would need to authorize the surgery, but if they don't, you will have to use your comp board advocate or an attorney to assist you. Aside from getting medical costs paid to remedy the issue, there is no compensation through the employer's insurance. Finally, even if someone other than the employer (or anyone employed by the employer) was responsible for the injury, those claims require law suit to be filed within 6 years of the date of injury, unless there is good cause to extend that period, such as mental incapacity. Unless he was mentally incapacitated during at least 11 of the past 16 years, then he is beyond the statute of limitations that bars claims. Let me know if I can assist you further. Good luck, happy holidays and thank you for your inquiry.
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