When Can I File For Personal Injury In Addition to Workers’ Compensation?

If you are an employee in Alabama, you probably know that if you get injured on the job, labor laws protect you by guaranteeing workers’ compensation. However, this compensation may not be comprehensive and there may be a possibility to recover from other parties at fault.

The Norm

In general, workers´ compensation protects employers from being sued by their employees. Employees get benefits after an injury and employers get peace of mind knowing that a lawsuit isn´t coming their way. Still, a lawsuit may be a possibility if your case falls into one of these categories.

Possibility To Sue Employer

It may be possible to sue your own employer if you believe that they caused you harm intentionally. These scenarios include physical and non – physical injuries, like emotional distress.

Some examples of these situations include:

  • Fraud
  • Defamation
  • Battery
  • Assault
  • Emotional Distress
  • False Imprisonment

Possibility To Sue A Third Party

The key component here is negligence. It may be possible to file a personal injury claim in addition to a workers´ comp one if your injury was caused by the negligence of a third party. These include contractors, property owners or manufacturers. For example, if you were injured on the job because of a defective product, you may be able to file a lawsuit against the manufacturer of the product and claim workers´ compensation at the same time.

The Benefits

Personal injury compensation can be more comprehensive than workers´ compensation.

Typically, workers´ compensation pays about two-thirds of your average pay, weekly, plus medical expenses, including treatments and supplies. There may be also a time limit regarding how long those benefits will last.

A personal injury claim can allow you to receive compensation for your pain and suffering and other aspects such as future lost wages or emotional distress, typically not covered by workers´ comp.

It´s important to understand these cases can be complex and these situations often happen to people who may have been hurt on construction jobs or doing manual labor. Remember that insurance companies and your employer don´t represent your interests and it´s important to find knowledgeable assistance in pursuing all available legal options to ensure you don´t receive partial compensation.

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