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Monthly Archives: March 2019

Litigating a Construction Worker Injury Claim

Mar 29, 2019 - Workers' Compensation/Work Injury by

Tuscaloosa Work Injury Lawyer If you’ve been hurt while on-the-job at a construction worksite, then under Alabama law, you may be entitled to compensation for your losses.  Depending on the circumstances surrounding the injury, you may be eligible for workers’ compensation benefits, have an actionable lawsuit against the employer/third-party, or both. Here at Cross & Smith, we have extensive experience advocating on behalf of injured construction workers.  Get in touch with our firm today for comprehensive guidance on how to proceed. Workers’ Compensation Could Be Insufficient Workers’ compensation is a benefits scheme that covers medical expenses and that provides for a wage replacement (i.e., pays out for lost wages due to time off from work after receiving an injury).  In Alabama, and elsewhere, workers’ compensation coverage provides an exclusive remedy for on-the-job injuries — in other words, an injured construction worker who is covered by workers’ compensation may not bring a lawsuit against their employer for damages for injuries suffered on-the-job.  In exchange for this default prohibition against suing one’s employer, however, the worker is empowered with the ability to seek compensation for any injury they suffer while on-the-job, even if the employer is not actually at fault. So, what’s the problem? Though workers’ compensation benefits are valuable, they can be a barrier to making a full and adequate recovery in situations where the injured construction worker has experienced significant losses.  Workers’ compensation benefits are not only subject to a maximum under Alabama law (which is less than the worker’s […]

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"We realize there are many options for representation out there, and we talked with several of the "big names" before finding Cross and Smith. With the others, it felt like we were being bullied, in a tank with hungry sharks. We are still receiving junk mail from some. We are SO thankful we were referred to Justin Smith (Cross and Smith) for our accident claim. He and his team were absolutely amazing."