In Alabama, workplace injuries — particularly in certain high-risk industries, such as construction and manufacturing — are rather common. Employees who are injured in the workplace may be wondering what their options are for suing and recovering damages from their employer. We recommend that injured employees get in touch with a qualified Tuscaloosa work injury lawyer at Cross & Smith for further guidance.
Suing one’s employer is a worthwhile option, if available. After all, workers’ compensation benefits, though useful, can be somewhat limited by comparison. Workers’ compensation provides for health expenses, for example, but not for the losses associated with pain and suffering.
Let’s take a closer look.
Workers’ compensation protections prohibit employees from bringing negligence-based claims against their employers. Instead, any employees who are injured at work are meant to submit a claim for workers’ compensation to obtain benefits that can cover their losses (at least in part) — this is meant to serve as a tradeoff for being able to secure benefits even in cases where the injury was not caused through any fault of the employer.
If you are an employee who was injured in the workplace, it’s important to understand that you are not left without options for a lawsuit, however — you may still be able to bring a lawsuit against your employer for intentional or reckless misconduct. Further, if a third-party contributed to your injuries (i.e., a contractor, or passersby), then you may be entitled to sue and recover from that third-party.
Under Alabama law, employees are precluded from bringing negligence-based claims against their employers (due to workers’ compensation protections). However, an employee is entitled to bring a claim against their employer if it is based on the employer’s reckless or intentional misconduct.
For example, suppose that you are injured while at a construction site. As it turns out, the owner and you had an argument, and the owner decided to “get revenge” on you by manipulating the ladder equipment so that it would collapse. As such, when you use the ladder, it collapses and you injure yourself. Under these circumstances, you would ostensibly have a claim against your employer that you could pursue on the basis that they intentionally caused you harm.
Here at Cross & Smith, our attorneys have decades of experience working as trial attorneys in personal injury and wrongful death matters, in Alabama and federal courts. Over the years, we have helped many clients successfully navigate the challenges of a personal injury dispute and secure a positive result through either litigation or a settlement.
Unlike many of our competitors, we are fundamentally client-oriented. We work closely with clients from start-to-finish to ensure that their goals, concerns, and expectations are satisfied at every stage.
"I have hired Justin Smith to handle two separate automobile accidents that I was involved in. I have worked for several different attorneys during my lifetime, and I am fully aware that most attorneys take a while to respond to phone calls or emails. Justin has always been so quick to respond to any questions or needs that I have had during each process. He is such an attentive and steadfast attorney who has always shown unparalleled professionalism."
Posted By: Candace Crews