If you’ve been injured in a work-related accident, then — if workers’ compensation covers you — you may be entitled to workers’ compensation benefits. Though valuable, these benefits may not fully cover your damages.
For example, workers’ compensation covers lost wages and medical expenses, but it does not cover the pain and suffering that are associated with your injuries — in many cases, the pain and suffering damages can be substantial, just as much as (if not more than) the actual medical expenses or lost wages.
Let’s explore some alternative options for maximizing your damage recovery in a work injury case.
First, it’s important to understand that workers’ compensation coverage protects the employer from an employee lawsuit. As the employee injured due to a work-related incident, by default, you are not entitled to sue your employer for damages — you must instead seek to obtain your lawful workers’ compensation benefits.
There are some exceptions to this lawsuit prohibition, however. Consider the following.
If your employer intentionally caused the injury — for example, by intentionally refusing to provide helmets to construction employees to save money — then they can be sued. Workers’ compensation only prevents a lawsuit that is brought on the basis of negligence. Intentional misconduct can give rise to a lawsuit.
In many work injury cases, the employee is not actually at-fault. In fact, there may be a third party who is responsible for the injuries.
For example, suppose that you are injured in a warehouse when the ladder that you’re climbing collapses. As it turns out, the ladder is defectively designed. You could ostensibly sue the ladder manufacturer for damages, as they are responsible for your injuries. By doing so, you can circumvent the prohibition on suing your employer, thus gaining access to damages beyond workers’ compensation benefits.
Here at Cross & Smith, our team has decades of experience advocating for those who have been injured through no fault of their own. We have handled several different claims on behalf of injured plaintiffs, including those centered around a work-related injury.
Over the years, our comprehensive advocacy has given us significant insight into many areas of injury law. We are well aware of what constitutes an effective case strategy and how best to navigate the dispute to achieve a favorable result.
We are trial-ready from the beginning. From the start, we prepare for trial litigation. This gives us leverage during negotiations — oftentimes, we’re able to negotiate a settlement at an early stage.
If you’d like to speak to an experienced Tuscaloosa work injury lawyer at Cross & Smith, we encourage you to contact us to schedule a free consultation. Call us at 877-791-0618 or send us a message online today.
"I have been friends with Dell Cross since we were roommates at UA Law and have had the pleasure of conferring with Cross & Smith, LLC in a professional capacity for many years. As a law office which specializes in domestic relations and family law matters, it is imperative that my office maintain a consistent client referral relationship with a law firm which can effectively address personal injury matters brought to us by our clients."
Posted By: Mark Sterling Gober