You suffered an injury at work and have an Alabama workers’ compensation claim. Is that your only claim? Did someone (other than your employer) negligently cause the injury? If so, you might have both a workers’ compensation claim against your employer and a personal injury claim against the negligent third-party. It’s an important issue. Why? Although workers’ compensation provides important benefits, those benefits are limited. Workers’ compensation benefits do not cover all your potential damages. Although third-party cases allow you to claim all your damages, they may be completely disputed. These are important issues to many of my injured clients. They are issues I’ve discussed on my law firm website. And, they are issues we often handle to help our injured clients.
A recent legal article in Illinois discusses a case in that state. What happened? In that case, an electrician was installing lighting on an apartment balcony. Suddenly, the balcony railing failed. The electrician fell to his death. Afterwards, an investigation revealed a different company (NOT the electrician’s employer) had negligently installed the railing. The electrician’s family had a claim for death benefits under workers’ compensation laws in Illinois. The family also had a third-party negligence claim for wrongful death against the separate company that installed the railing.
Over the years, I’ve prepared numerous workers’ compensation and third-party negligence claims. Transportation injuries. Car accidents. Construction-related accidents. Industrial site incidents. These are frequently areas where a third-party (someone other than your employer) may have caused your on-the-job injury. Because these claims involve two areas of the law, they can be complex. They can require special skill to maximize your total recovery between the claims. After handling these claims for years, I would offer three key pieces of advice: