Legal Question in Employment Law in California
Liability for Injury
Thanks for any help you might be able to give. A friend was working for a sub-contractor whose general contractor cut two access holes withing inches of each other in a ceiling. While stepping in the attic, he partially fell through one of the access holes, which had not been made obvious by the contractor. He was injured and received a settlement from the comp carrier for the sub-contractor. He now would like to collect possible damages from the general contractor. How should he proceed? If he loses the case, will he be responsible for the contractor's legal fees? Can you recommend a lawyer in the San Fernando Valley area of Los Angeles who practices in this area? Thanks.
2 Answers from Attorneys
Re: Liability for Injury
He may have a personal injury case agains the contractor -- his settlement in workers comp was against his employer -- that is why it's a workers comp claim, if the negligence was by the general contractor, not the sub (who was his employer) he may not be limited to workers comp in his case against the general -- meaning that he can collect damages for emotional distress and other damages that he cannot collect through the workers comp system. (I handle cases throughout California, and can associate local counsel when needed -- feel free to contact me at my private email, and I can call him.) Good luck.
Re: Liability for Injury
Contractor's insurance should cover me. If he has already collected, he cannot collect twice. He should have gone after both of them at the same time.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
