Legal Question in Personal Injury in California

I live in California but was on business in Georgia. While at a hotel, I slipped on some water near an ice machine. About 4 hours prior, I called the front desk and advised them it had been leaking and they may need to get some one to fix it. After I fell, I went back to take pics. It looks like they never responded to my 1st call because there water out on the rug as well.

Since I was on business I had to set up a workers comp claim. Can I still file suit against the hotel even though I have a wc claim open?


Asked on 8/26/09, 4:57 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Definitely yes. WC covers your relationship between your employer and yourself. It does not effect any third party suit. Your comp. carrier is legally entitled to be reimbursed and/or take future credit for the amounts it paid

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Answered on 8/26/09, 5:32 pm
BRUCE NELSON BRUCE E. NELSON ATTORNEY AT LAW

You can in california and if georgia laws are the same or similar then the answer is yes and Mr.Shers is right about the reimbursement and or credits

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Answered on 8/26/09, 6:17 pm
Michael Stone-Molloy The Lion's Law Office

It's true you can file a lawsuit against the hotel independent of the Worker's Comp claim. WC simply acts as your health insurance. Many health plans also have "rights of reimbursement" against third-party cases for their expenses, but that still leaves a potentially very sizeable pain and suffering award.

You are getting a bit ahead of yourself, however. The first step is not to file suit. First you need to open a claim with the liability insurance carrier for the hotel, and attempt an out-of-court settlement. Still, you must not make your settlement demand too soon. After opening a claim, you should seek and obtain all medical care reasonably necessary for your injury.

Many serious injuries are not immediately apparent, and treatment can sometimes drag on for many months. If you settle too soon, you close the door to any potential further recovery. Perfect timing is essential. For this, you need reliable, expert advice. Worker's Comp care is often neither reliable nor expert. It is usually preferable to consult a private doctor who is not more interested in cutting costs.

I can give you a great deal more advice and assistance about your claim. If you would like a free telephone consultation, please call me at 877-LION-FOR-LAW

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Answered on 8/27/09, 12:18 am


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