In the state of Alabama, all companies that employ four or more workers are legally required to purchase workers' compensation insurance on their behalf. This is a no-fault system, which means that an injured worker does not need to prove that the accident and/or their injuries were caused by another person's negligence. Provided that the worker did not willfully cause the accident, they should be able to seek disability benefits by filing a workers' compensation claim with their employer's insurance company. These benefits typically include reimbursement for a percentage (two-thirds) of their lost wages and compensation for the cost of their medical treatment and rehabilitation.
In some cases, an injured worker may also be able to file a personal injury lawsuit against a negligent third party. While accepting workers' compensation benefits would bar the worker from bringing civil action against their employer, they would not be prohibited from seeking damages from a third party—which may include, for example, the manufacturer of defective machinery. This case could be filed concurrent to their workers' compensation claim, which means that the outcome of one would not affect the other. Rather, it would give the injured worker the opportunity to maximize their financial recovery. To learn more, contact a Montgomery personal injury lawyer at our firm.
Whether you need help contesting the denial of your workers' compensation claim or you are interested in pursuing a third party lawsuit, the legal team at Morris, Cary, Andrews, Talmadge & Driggers, LLC is here to walk you through the process. For this reason, you should not hesitate to get started today. When you call our office at (888) 694-0174, your initial consultation won't cost you a thing. If you would prefer to reach us online, you can also submit a free case evaluation form directly from our website.