jjwatsonpc
08-30-2006, 02:46 PM
I live in Texas and was injured when I slipped and fell down a flight of stairs at a hotel a couple of weeks ago. I was at the hotel because I was attending an employment related conference. My conference registration and hotel accomodations were paid by my employer. Does anybody know whether or not I have a worker's compensation claim or a third party personal injury claim against the hotel or a combination of both?
AL HR
08-30-2006, 07:01 PM
First, contact your HR department of your company ASAP. They will either determine it was/wasn't or will file a claim and let WC decide. Either way, you need to let someone at the hotel know ASAP. The longer you wait, the more suspicious it looks.
ElleMD
08-31-2006, 10:15 AM
It depends entirely on what you were doing when you fell. If you were on your own time and just fell as you happened to be there, then WC is more than likely going to deny it. If you were racing to get to the seminar and fell, it could be covered. If there is a 3rd party claim against the hotel, the WC carrier may subrogate the claim. Meaning, they would recoup some or all of what they paid to you or on your behalf from any award you may receive.
Have you filed the WC claim yet? TX gives you 30 days from the date of your injury to file. I do not know the statute of limitations on a liability claim, but the sooner you file the better.