Personal Injury at home run spa treatment center
Facial steam gadget tripped on my wife causing 2nd degree burn on her neck. It's a spa treatment managed in an apartment but she is licensed. Not sure if she has workers comp. My wife took treatment at a near by clinic and she is doing well. Doctor said, she has to deal with the scar for 6 months and he willing to give us an written incident report. What are the options i have and what kind of compensation can i get? I live in LA and incident happened in Troy, MI
Thx
Attorney answers (5)
Andrew Daniel Myers
Reputation Level 20
Answered over 2 years ago.
Personal Injury Lawyer in North Andover, MA.
Did your wife work there, is that why you asked if there is workers compensation?
If so, they must have workers compensation, and if they do not your wife is still eligible for workers compensation benefits, which the state will pay but will then go after the spa owner to pay back.
If not, then it sounds like a decent injury case both against the spa and against the manufacturer of the facial steam gadget, which may have had either a design defect or a manufacturing defect. I had a similar case, but as it turned out it was misuse by the provider that caused the injury and the case did settle.
Just from what you said in the question, the case would have to be brought in the Michigan courts, because it does not sound like the spa did anything to reach out to California to get your wife to go there. Jurisdictional analysis can be quite complex, but my take is that you have to bring the case in MI.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Andrew Daniel Myers
Reputation Level 20
Answered over 2 years ago.
Personal Injury Lawyer in North Andover, MA.
Did your wife work there, is that why you asked if there is workers compensation?
If so, they must have workers compensation, and if they do not your wife is still eligible for workers compensation benefits, which the state will pay but will then go after the spa owner to pay back.
If not, then it sounds like a decent injury case both against the spa and against the manufacturer of the facial steam gadget, which may have had either a design defect or a manufacturing defect. I had a similar case, but as it turned out it was misuse by the provider that caused the injury and the case did settle.
Just from what you said in the question, the case would have to be brought in the Michigan courts, because it does not sound like the spa did anything to reach out to California to get your wife to go there. Jurisdictional analysis can be quite complex, but my take is that you have to bring the case in MI.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
Contact an attorney in Troy, MI who specializes in workers comp and personal injury.
Thomas Gerad Lewellyn
Reputation Level 13
Answered over 2 years ago.
Personal Injury Lawyer in Alameda, CA.
Assuming your wife was an employee, the claim is covered by workers compensation. If the employer did not cover workers compensation insurance, she may sue the employer directly.
Ryan Patrick McClure
Reputation Level 13
Answered over 2 years ago.
Personal Injury Lawyer in Ontario, CA.
It is unclear whether your wife worked at the spa or not. If she did work at the spa her injuries should be covered and considered a workmans compensation case, which means that she should seek out a WC attorney. If she didn't work there then the question is whether there was negligence or possibly a products liability issue. Either way you should discuss your case with a personal injury lawyer.
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