Getting a work injury is very common. They range from severe crushing and cutting injuries in dangerous occupations such as construction and refinery work, to strained backs and carpal tunnel syndrome incurred at a desk job. When you are injured on the job, it is important to consult with a Tuscaloosa workers’ compensation attorney because it can make a big difference in the amount of money to which you are entitled.
Alabama, like all states, has a workers’ compensation system, which is administered by the Alabama Department of Industrial Relations. The workers’ compensation system in Tuscaloosa recognizes the high number of on-the-job injuries that occur, and establishes a trade-off meant to ensure that injured workers receive compensation and to streamline the claims process. The trade-off is this: if you are injured on the job, you cannot sue your employer in a civil suit for your injuries, even if the negligence of the employer or a co-worker caused your injuries. However, you are entitled to compensation for your injuries through workers’ compensation, even if no one was at fault for your injuries – and even if the work injury was caused by your own negligence.
Sometimes, however, another party is at fault. This can include other contractors on a construction job, the driver of another vehicle who injures you while you are performing work-related duties, or a defective product that injures you while working. This often gives rise to two tandem claims: one for workers’ compensation benefits, and a second civil claim against the non-employer party that caused your injuries (“third-party claims”). A Tuscaloosa workers’ compensation attorney can help you recover damages that are not allowed by workmen’s compensation, for example, physical pain and suffering, mental anguish and disfigurement.
While most workplace injuries are caused by accidents, some workplace injuries are caused by repeated exposure to particular dangers. Examples include asbestos exposure and jobs that require the same type of bending, lifting or other motions repeatedly. Where both legal and medical causation are shown, you are entitled to compensation for these chronic injuries developed on the job. Sometimes the employer will dispute that the job caused these injuries. In other accident cases, the employer may dispute that you were actually on the job at the time of the injury, such as when running an errand. When workers’ compensation coverage is contested, it is important to have a skilled work injury lawyer on your side.
At Cross & Smith, we have substantial experience in all types of on-the-job accidents and workers’ compensation claims. We can help identify where other parties may be at fault in your case, and will represent you in your workers’ compensation claim and any other claim you may have. Our workers’ compensation lawyer will work aggressively on all fronts to get you the compensation you deserve. If you have been hurt on the job, call our Tuscaloosa office at (877) 791-0618 for a free confidential consultation.
Alabama Forest Products v. Harris – Attendant Care in Alabama Workers’ Compensation
For years, courts in Alabama held that workers who suffer a job-related injury may not collect compensation for attendant care by family members if it ….
Intentional Work Injuries Not Compensable in Alabama
Workers can successfully file a Tuscaloosa workers’ compensation claim in most every case where an injury has occurred on the job (or in the ….
Tuscaloosa Work Injury Claim: Previous Injuries Can Factor
Workers who sustain on-the-job injuries must be careful to provide ample documentation and proof regarding the cause, particularly when older injuries ….
"After my husband was injured in a burn accident at work, we felt the accident could have been avoided. I was not sure where to start, but after careful research, we met with Justin Smith and shared our experience. From day one, we felt we were in good hands. Justin and Dell explained everything and kept us informed from start to finish. It was a complicated case that took an outside the box approach. Both Justin and Dell made us feel like part of the team."