Cross & Smith LLC


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 pre-injury earnings), but also do not cover property losses, pain and suffering, mental anguish, and various other losses.

In many cases, then, an injured construction worker may have to secure additional compensation through alternative means.

Potentially Liable Third Parties

Employers are not always shielded from liability under the workers’ compensation benefits scheme — if you can show that your employer’s intentional misconduct substantially contributed to your work injuries, then you may be entitled to bring a lawsuit against them directly.  Otherwise, you may have to identify other liable defendants against whom you can litigate your injury claims.

Suppose that you are injured in a forklift accident at your construction worksite.  As you begin to investigate the facts of the case more thoroughly, you discover that the forklift malfunctioned and collided with your leg, causing you to suffer the injuries at-issue.  Further, the malfunction is due to a manufacturing defect with the forklift controls.  Under these circumstances, the forklift manufacturer could be liable for your injuries, and you would be entitled to bring a product defect action against them for damages.

Contact Cross & Smith to Schedule a Free Consultation

Here at Cross & Smith, our team of attorneys has decades of experience helping injured construction workers — and many others — obtain compensation for their losses.

We are relentless litigators who are willing to take a case all the way through to trial, when necessary to secure the best result for a client.  This aggressive approach to litigation (in combination with our proven experience as effective litigators) puts significant pressure on opposing counsel to make a favorable settlement offer.

Curious about whether you have a viable construction injury claim, and how we can help you secure compensation?  Call us at 205-391-0618 or send us a message online to schedule a free and confidential consultation with a skilled Tuscaloosa work injury lawyer today.

Hear What Our Clients Have To Say

"I am a practicing lawyer who has from time to time referred clients and litigation cases to Cross & Smith for handling. Without exception, the effort and attention to detail by these attorneys have been incredible. I think that is what sets them apart - they leave no stone unturned in their diligent pursuit of justice and fair compensation to those cheated, injured or killed. I highly recommend these guys."
Posted By: Chuck Kelley

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