Legal Question in Personal Injury in California
On the evening of 12/23/10 my wife took a bad fall down at set of access stairs for a condo that we work at and ended up with a compression fracture of the 12th vertebra (ice on the stairs was involved). This resulted in an ambulance ride from the accident site to local ER, xrays, CT scan. Inconclusive results required another ambulance ride from Big Bear to Arrowhead Regional Med Center with another set of xrays, more doctors and eventually a back brace she will be wearing for 10-12 weeks and a visit with orthopedic surgeon with another follow up first part of February. Our question at this time is we are self employeed with no insurance. The condo she was hurt at is owned by a client that she and I both work for (I am a contractor and she is a house cleaner/process server) and my company also is contracted by the association for snow removal from the sidewalks. The question is do we have a claim against the association or the condo owner for the medical bills that are starting to roll in. We have applied for the MIA program through Arrowhead Regional but even if we qualify that doesn't cover the ER in Big Bear, transportation, or orthopedic devices. I figure in rough esimation that we generated close to 25K in medical bills for that night. If we do have a claim against the association or owner what would be the appropiate next step? Thank you in advance for you assistance in this stressfull manner.
4 Answers from Attorneys
My law firm handles slip and fall / trip and fall cases all over the state of California. You can read about these cases at http://www.slip-and-fall.net. If you want to discuss your case, you may call me for a free consultation at 800-816-1529 x. 1.
If the injury was caused while working for the association there may be a claim against the association for benefits under worker's compensation.
No matter whom you were working for, if you were on the job you have a claim for workers compensation and you should contact a workers compensation attorney right away. Watch out for legal time limits.
Your wife would have a claim for workers' compensation, unless it's proven that she was an independent contractor. The facts state that the association was her "client" which indicates independent contractor - no comp case. Please contact me at 1.877.505.INJURY to discuss the possible slip and fall.
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