Visitor Question

Federal Employees Workers Compensation Question…

Submitted By: Mary (Springfield, Virginia)

While on temporary duty (TDY) for the Federal Government in Dallas, TX I slipped on a slanted burb on the hotel driveway when I was entering the hotel. I had three fractures of the pelvis, bruised ribs and right arm.

The accident happened in December 2007 at a hotel. A claim was filed with the Department of Labor and accepted. But the Dept of Labor is requesting I submit a third party claim to recover damages. Does this mean I have to get a lawyer and sue the hotel?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Mary,

A third party claim means that you would sue the hotel for damages if they are at fault. In order for the hotel to be at fault, however the claim must meet the requirements of premises liability. The hotel, in this instance, would be responsible to regularly inspect for known dangers and warn of them.

From your description, you slipped on a slanted curb on the hotel driveway as you entered the hotel. From your brief description, it does not appear that the hotel was liable. However, if you have more information such as pooled water or some other dangerous condition, this may give rise to a more detailed examination of the facts.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 3, 2011

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